[DOWNLOAD] "Joy Shirley Ripatti v. Herman Wilford" by Supreme Court of Idaho No. 10888 # eBook PDF Kindle ePub Free

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eBook details

• Title: Joy Shirley Ripatti v. Herman Wilford
• Author : Supreme Court of Idaho No. 10888
• Release Date : January 13, 1972
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

In 1969, respondent Joy Shirley Ripatti brought an action for divorce against husband Herman Wilford Ripatti on grounds of extreme cruelty as defined in I.C. § 32-605. She did not request custody of two minor children who were twelve and eighteen years old at the time of trial in 1970. However, she did pray equitable distribution, inter alia, of a ranch and herd of cattle, alleged to be community property. In his answer, Herman denied Joy's charge of extreme cruelty and affirmatively alleged extreme cruelty on her part. In a cross-bill he claimed that "some" of the cattle and realty were his separate property, and requested the court further award him as his separate property any community interest Joy might have, enabling him to provide a secure home for the children. Neither in these pleadings nor at trial did Herman request or consent to a divorce. Nevertheless, at the close of trial, the court denied Joy the divorce she sought, but decreed a divorce in favor of Herman. In this appeal Herman challenges the power of the trial court to award a divorce not prayed in his cross-action; the court's finding that the cattle herd, started prior to marriage but subsequently maintained with community labor and funds, was community property; and the court's order awarding Herman the family home as his separate property but directing him to purchase in monthly installments his wife's community interest.

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