Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1910-01-30

other alleged ground for divorce,
namely, habitual intemperance in
the use of morphine to such a degree
as to disqualify defendant great
portion of the time from properly
attending to business and which has
reasonably inflicted upon plaintiff q
course of great mental anguish, ex-
amined and held not established.
6. Defendants counter-claim alleg-
ing facts constituting extreme cruel
ty on plaintiffs part held, for reas.
ons stated in the opinion, not suf1-
GENTLY established by the evidence.
Z. Defendants counter-claim for
willful desertion by plaintiff, held
fully established.
(Syiiabus by the court.)
Appeal from district court. Cass
County, Templeton, J.
| Action for divorce by MAZE B.
Rindlaub against John H. Rind-
laub.
From a judgment in plaintiffs
favor, both parties appealed.
| Judgment modified and lower
court directed to enter judgment
in defendants favor granting him an
absolute divorce, assigning, to him
the homestead during his life and
awarding to, him the custody, during
portion of the time, of Bruce and
John, two Of the minor issue of the
marriage.
Ball, Watson, Young & Lawrence,
for Defendant. n
Barnett & Richardson, (Pierce
Butler of counsel for Plaintiff.
Opinion of the court by Fisk, j.,
Morgan, C. j., and Ellsworth, J.
concur. Carmody, J. and Crawford,
District Judge, sitting in the place of
Spalding, j., who was disqualified by
reason of having been of counsel,
dissent.
The conclusions of the supreme
court upon the whole case are:
1st. That the judgment appealed
from, in so far as it grants to plain
tiff a divorce, be reversed, and that
judgment be entered in defend
ants favor dissolving the marriage
relation upon the grounds alleged in
his last counter-claim.
I'd. That such judgment be modi-
fed so as to provide: That the GUS
COuy u IHc CuAluIcA, DIuCe dXu
John, shall be, until further order
of the court, awarded to defendant,
subject to the following conditions:
That defendant shall not remove
such children from this jurisdiction
without permission of the court, first
obtained, and that plaintiff shall be
permitted during each afternoon be-
| tween the hours of three and six
o'clock to visit said children at de-
PENDANTS residence, when they are
not at school, and that during the
months of June, July and August,
plaintiff may have the custody there
of subject to defendants right to
visit them at least once each week,
for period Of one hour, and. in ad-
dition thereto, to take them to his
home each Sunday afternoon be-
tween the hours of three and six
o'clock: plaintiff during the other
months to have the like privilege of
taking said children to her home in
Fargo each Saturday afternoon be.
| tween the hours of three and six
o'clock, the defendant to see that
such children are safely transferred
| to and from plaintiffs home as afore-
! said.
Sd. Also, that until the further or
der of the court the custody of the
minor child, Newhall be awarded to
plaintiff, the defendant shall be per-
mitted to visit such child at least
| once each week, for the period of
one hour.
| 4th. For the support, mainten-
ance and education of such children
defendant shall pay to plaintiff the
sum of $4,000 per month, payable
each month in advance, during the
times they are all in plaintiffs GUS
tody, and at other times the sum of
$50 per month for Newhall, payable
as aforesaid.
5th. The homestead, consisting of
the South ninety-five (95) feet of
Lots Eleven CID and Twelve (12),
in Block Thirty-three (33) of the
original townsite of the city of
Fargo, is hereby assigned to defend
ant during his life. or as long as he
continues to maintain it as his
home; he to keep and maintain the
same free of membranes of every
kind or character; and at his death,
or before, if he should Intentionally
abandon such home, the same shall
become plaintiffs absolute property.
TkNn ~ OF INC 0f + n a