[489] For some account of the influence of the California Codes see HEPBURN, _Hist. Dev. of Code Pleading in America and Eng._ (Cincinnati, 1897), especially 93 ff., 104 ff., 160.
[490] Compare the act of Feb. 7, 1865: in _Acts_ (1864-65), 430, 431; and _Comp. Codes and Stat. of Mont._ (1895), 478-80.
What has just been said of Montana may be repeated for Idaho, where the California system was adopted in 1887.[491] By an act of 1895, however, incurable insanity was admitted as a seventh cause of full divorce.[492] In this case, as in all the others since 1864, the district court in the county of the plaintiff has jurisdiction. Earlier the laws relating to the causes were somewhat less closely patterned upon the California statutes. The act of 1864 allows a full divorce for (1) impotence at the time of the marriage; (2) adultery committed since marriage and remaining unforgiven; (3) wilful desertion for two years; (4) conviction of felony or infamous crime; (5) habitual gross drunkenness, contracted since marriage, incapacitating the offender from contributing his or her share to the support of the family; (6) extreme cruelty; (7) neglect of the husband for two years to provide the common necessaries of life, unless such neglect is the result of poverty which could not be avoided by ordinary industry.[493] Three years later the California law, as it then stood, allowing nine causes of full divorce, was adopted, except that the terms of habitual intemperance and wilful neglect were each fixed at two years, and a period of one year was made sufficient for wilful desertion. It should also be noted that this Idaho statute, unlike the contemporary law of California, made no provision for partial divorce.[494] It was superseded in 1875 by a new act[495] which is identical in its provision regarding the grounds of action with that of 1867; and no further change was made until the present California plan was sanctioned in 1887.
[491] _Rev. Stat. of Idaho_ (1887), 303-7.
[492] But a divorce is not allowed, under this provision, unless the insane person shall have been regularly and duly confined in an insane asylum of the state for at least six years immediately before the action: act of Feb. 4: _Gen. Laws_ (1895), 11, 12. By an act of Feb. 14: _Gen. Laws_ (1899), 232, 233, were added the words, "nor unless it shall appear to the court that such insanity is permanent and incurable;" and now it is sufficient if the previous confinement has been in an asylum "of a sister state," provided the plaintiff has been an actual resident for one year: _ibid._, (1903), 332, 333.