Russell v. Russell
Russell v. Russell
Opinion of the Court
The plaintiff appealed from a decree denying him a divorce and the custody of minor children, and requiring him to pay his wife for her support and the maintenance of the children the sum of $20 a month, and to provide his family with electric light and fuel. Submitted with the main question is an application on the part of defendant for the allowance of attorney’s fees in this court, together with a showing that the allowance for support made in the trial court has only been partially paid. At the time of the trial both parties were residents of Jefferson county. The decree required the defendant to retain the children within the state and afford plaintiff reasonable opportunity to visit them on suitable occasions, and from the affidavit of plaintiff it appears that since the rendition of the decree the defendant has removed with the children to Greeley county, and that fact is urged as a reason why he should no longer be required to pay the amount allowed for maintenance.
The evidence fully justifies the conclusion reached bythe trial court that the plaintiff was not entitled to divorce.. The parties had not lived together for some months prior to the commencement of the divorce proceedings. The
It is recommended that the decree be modified, and that the plaintiff hereafter be required to pay to the defendant the sum of $24 each month, and the sum of $50 as fees for counsel representing the defendant in this court.
By the Court: For the reasons stated in the foregoing opinion, the decree of the district court is modified, and the plaintiff is required to hereafter pay to the defendant the
Decree modified.
Reference
- Full Case Name
- Cyrus E. Russell v. Addie Russell
- Status
- Published