171 P. 272 | Mont. | 1918
delivered the opinion of the court.
Upon the trial of this case the district court granted a divorce in favor of the plaintiff, awarded her alimony in a specific sum, payable monthly, transferred to her absolutely certain real property belonging to the defendant, and gave to her the custody of a minor child, the issue of the marriage. The defendant and the child were residents of Indiana. Service of summons was made by publication, and there was no appearance by defendant before trial. Subsequently defendant appeared specially and moved to have eliminated from the decree the provisions for alimony, the transfer of the real estate, and the custody of the child. The motion was denied, and this appeal is from the order.
1. In so far as the decree awards alimony in a sum certain
2. The decree assumes to transfer to plaintiff absolutely 160
3. The decree has no extraterritorial effect, and in so far as
In his brief, counsel for respondent asserts that defendant
The order is reversed and the cause is remanded, with directions to modify the decree in conformity with defendant’s motion.
Remanded With Directions.