Covington v. Covington
Covington v. Covington
Opinion of the Court
Opinion op the Court by
Affirming in part and reversing in part.
Tiie judgment appealed from was rendered in the Warren circuit court in a divorce1 suit filed by appellant, Dora Covington, against her husband, Albert Covington, in February, 1922, wherein she sought an absolute divorce and alimony in the sum of $25,000.00. The chancellor denied her divorce and alimony but gave her the custody of the infant child and $5.00 per month for its support. The decree also allowed counsel for appellant $750.00 as fees, and adjudged appellee pay the cost of the action. From this judgmnt Mrs. Dora 'Covington appeals. Appellee prayed an appeal in the lower court but did not offer to prosecute it in this court.
They were married in January, 1918, in Warren county. Immediately thereafter they left for Florida
Appellant called several witnesses, sixteen in all, to sustain her charge of cruel and inhuman treatment. The nurse gave evidence indicating that Mr. Covington had upon one or two occasions seemed in ill humor at the home, but on cross-examination it was shown that he had a great many things to annoy him. Besides having a sick wife he had a sick son in Texas. His expenses were large, and as a farmer he did not have a big income. Aside from- that given by her she produced no evidence worth mentioning which indicated that Mr. Covington had cursed or abused her or in any manner mistreated her. The witnesses knew very little about what took place. None -of them heard him speak ill of or towards her and none claimed to have heard him curse her.
On the other hand appellee Covington proved by a large number of witnesses that he did not curse upon any occasion; that he was not in the- habit of cursing. None of his neighbors had heard him curse. Those with whom he associated most frequently declared they never heard Mm swear an oath. It was further given in evidence by a dozen or more witnesses that he was one of the most polite, courteous, kindly and considerate persons of their acquaintance. He proved -a splendid reputation. Many of these persons had frequently been at his home. Some of them had spent some time there but none of them had heard him speak ill or cross to appellant. On the other hand, they testified to many instances of kindnesses and displays of devotion and love toward appellant. According to these witnesses he provided for her well; bought everything she asked for and insisted upon her buying-other thing’s, and made the home as comfortable as he reasonably could. She was allowed to select all the furniture for the new home, which she had planned and which he had built in accordance with her desires, and to select the paper for the walls; when she would suggest a particular pattern for a room he immediately sanctioned it and told her whatever pleased her pleased him. These facts were proven by salespeople and persons working about the new house. Many high class citizens were called by bim to prove his amiability, reasonableness and gentleness. We have scarcely read a record wherein any individual has established such a splendid reputation. His whole
According to all the evidence appellee took appellant with him almost everywhere he went. They generally traveled by -automobile, and -those who met and saw them on different occasions testified they seemed to be perfectly happy until about the time of the birth of the child. The blood poison wliich she suffered rendered her a very sick woman for several weeks and no doubt upset her nervous system and accounts in a large measure for the deplorable situation in which she finds herself.
The record in this case, while rather large, is not of an extraordinary size, containing only about 600- or 700 pages. She employed able and efficient counsel. They worked diligently in her behalf; but we are persuaded from a consideration of the record and of the surrounding circumstances, including the value of the estate of appellee Covington, that $750.00, the amount allowed as attorney fees by the chancellor below, is -a fair and reasonable fee.
We have however reached the conclusion that the allowance for the support of the infant — $5.00 per month — • is entirely too meager and should have been fixed at not less than $á0.00 per month, and on a return of the case the chancellor will reform Ms decree so as to give the child this sum monthly from the date of the judgment. Of course, if the situation changes it will be within the power of the chancellor to regulate the allowance to meet new conditions.
The chancellor properly adjudged all the cost, including that incurred on this appeal, against the appellee under section 900 of our statutes.
Judgment affirmed in part and reversed in part.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.