Freund v. Freund
Freund v. Freund
Opinion of the Court
The complainant filed her bill of complaint against the defendant to obtain a decree of divorce from him upon the ground of extreme cruelty. The defendant denied the allegations of cruelty, but made no defense to them. The contest centered around the question of alimony. The chancellor granted complainant a decree of divorce, gave her the custody of the children, and awarded her the sum of $3,500 as permanent alimony, and the further sum of $25 per month to be paid for the support of the children. The defendant appeals from this part of the decree, claiming that the allowance is too large, and out of proportion to the means which he actually possesses.
The record shows that defendant is engaged in a growing and prosperous wholesale and retail meat business in
But it is urged with much earnestness that, if the chancellor was right in the conclusion he reached as to value, the sum awarded to complainant is much too large. In support of this contention, it is pointed out that these parties were married only about 10 years, that complainant had no means when she came to him, that the net value of his property has not increased during the years they have lived together, and that she ought not to be permitted to go away with upwards of a third of his property. It appears that complainant is now 43 years of age, and that, when she married and went into defendant’s home, she assisted in caring for some of his children by a previous marriage. As a result of her marriage with defendant, two children were born to them, one of whom is now six years and the other seven years of age. There is no testimony in the record from which we may conclude that complainant has been other than a good wife and discharged her duties as such. She may not have helped to increase defendant’s worldly possessions during their married life, but defendant has helped to increase
The decree of the lower court will be affirmed. Complainant’s application for an allowance to cover counsel fees and printing brief in this court has been considered, and an allowance of $150 will be made therefor, in lieu of all taxable costs.
Reference
- Full Case Name
- FREUND v. FREUND
- Status
- Published