Bante v. Bante
Bante v. Bante
Opinion of the Court
This is an action by a wife against her husband, for separate maintenance. The trial court found that plaintiff was entitled to recover of defendant, for support and maintenance, in the sum of $20 per month, and in the further sum of $150 as suit money; and judgment was entered accordingly. From this judgment the defendant has appealed.
It seems that in December, 1907, appellant had a difficulty with his daughter over the matter of connecting a gas stove with her meter, and it seems that in trying to force open a door, and which the daughter endeavored to prevent, his hand was caught in the door and somewhat injured. It appears that the difficulty
Thereafter respondent remained at the home of this daughter until the following year, during which time it appears appellant gave her one dollar. After this time respondent, it seems, lived with first one of her children and then another, during which time appellant gave her twenty-five dollars and paid a hospital bill of fifty-two dollars, although there was evidence that appellant contributed something to a son for respondent’s support during a part of this time, and he claims to have paid certain bills.
There is considerable testimony pro and con relating to the defense sought to be interposed by appellant to the effect that he was at all times ready and willing to support and' care for respondent and to provide her a home, and that he frequently solicited respondent to go with him and live in the house which he owned at Ballwin, in St. Louis, county, but that she refused so to do. The evidence touching this question is contradictory, and there is ample in the record to justify the conclusion that such offers or solicitations as appear to have been thus made by appellant were not made in good faith. There is positive testimony on the part of respondent that on one occasion when she prepared to go with appellant to the old home in Ballwin he said to her, “You can go and I will stay here.”
It would serve no useful purpose to set out the evidence in any great detail, or to discuss the elementary principles of law referred to in the briefs. It is established beyond question that appellant did not for many years by any means adequately provide for his wife’s support and maintenance. In fact for long periods of time it appears he made no provision whatsoever therefor, and that he was not supporting her at the institu
For the reason's given above the judgment of the circuit court should be affirmed. It is so ordered.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.