Stover v. Stover

Citations

• 7 Idaho 185
• 61 P. 462
• 1900 Ida. LEXIS 24

Syllabus

<p>Action fob Divorce — Dismissal—Motion—Error.-—It is error for the district court to refuse to enter an order dismissing an action brought by a wife for divorce, when the plaintiff applies therefor, and there is no affirmative relief sought by the defendant, by way of “cross-complaint or counterclaim. It is the policy of the law to discourage divorces; hence, where the plaintiff in a divorce suit asks to dismiss and no counter cause of action is set up in a cross-complaint or counterclaim, the refusal of the court to make the order dismissing the. action is reversible error.</p> <p>(Syllabus by the court.)</p>