Arste v. Arste
Arste v. Arste
Opinion of the Court
This is a suit on the part of plaintiff wife against her husband for maintenance. The court found the issue for plaintiff and gave judgment awarding her thirty-five dollars a month for maintenance and one hundred dollars suit money. Prom this judgment defendant prosecutes the appeal.
The parties were married in 1893 and continued. to live together until February, 1909, when defendant ■ husband abandoned plaintiff. It appears that defendant owns some ten or twelve thousand dollars worth of property and follows the calling of a publisher in St. Louis. Por a period of several years before defendant abandoned Ms wife, she and he together maintained a rooming house in the city of St. Louis and kept some six or eight roomers all the time. One Hawkins, a police officer, roomed at their place for several years, and it seems defendant became obsessed of the idea that his wife and Hawkins were unduly friendly. The case concedes that defendant abandoned his wife, but he seeks to justify the act by showing that he had good cause to do so, and introduced considerable testimony tending to prove unseemly conduct between her and Hawkins. To contradict this, plaintiff introduced several witnesses who had roomed and lived in their house and all of whom gave testimony tending, to prove that, while she treated Hawkins nicely, she treated all other roomers and boarders the same. Two of these witnesses were defendant’s cousins and another a relative by marriage, and none of them appeared to be unfriendly to him. Plaintiff and Plawkins also pointedly contradict every charge made ' by defendant against her.
While a suit for maintenance proceeds under the statute, the courts treat with the evidence in such cases in accordance with the rule which obtains in equitable actions — that is to say, the appellate court reads and reviews the evidence, as in suits in equity, and either affirms or reverses the judgment thereon as the exi
The judgment should be affirmed. It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.