Wedderburn v. Wedderburn
Wedderburn v. Wedderburn
Opinion of the Court
This appeal involves an order requiring appellant, defendant below, to pay appellee, his wife, $150 per month for the maintenance Of' herself and their three children, ranging in age from 13 months to 6 years.
The court below, after the testimony had been talcen in . open court, found that:
“From all the evidence in-the case, to which not only may but should properly be added the opportunity of the court to observe the witnesses so testifying'and their bias or otherwise, for or against, the court is of opinion that the plaintiff is entitled to a decree in this case, awarding her the custody of the three minor children; and also for a suitable allowance from the defendant for the maintenance of herself and said children.”
It is apparent that the trial justice was in a better position than are we to pass upon the weight of the evidence. Having this in mind, we shall merely determine whether there was substantial evidence before the court upon which to base the finding, we already having determined that a proceeding of this kind is maintainable under the provisions of section 980 of our Code. Bernsdorff v. Bernsdorff, 26 App. D. C. 520; Beall v. Beall, 27,App. D. C. 468.
A consideration of all the evidence leads to the conclusion reached by the trial court, namely, that the breaking up of this home was attributable largely to the attitude and conduct of the husband. Under the evidence the amount awarded the wife is reasonable. Indeed, if we accept the testimony of the husband on this point, he was contributing much more prior to October of 1921 than he now is required to pay for the maintenance of his family.
It results that the decree must be affirmed, with costs.
Affirmed.
Reference
- Full Case Name
- WEDDERBURN v. WEDDERBURN
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- Published