Ohio Court of Appeals, 1923

Rosansky v. Rosansky

Rosansky v. Rosansky
Ohio Court of Appeals · Decided January 29, 1923
1 Ohio Law. Abs. 234; 1923 Ohio Misc. LEXIS 2028

Rosansky v. Rosansky

Opinion of the Court

PER CURIAM:

Epitomized Opinion

Bessie Rosansky sued Boris Rosansky, her husband, in the lower court for permanent alimony and “at least one-half of certain property” of the husband. The lower court ordered that Boris should convey by a • deed ixf fee simple to Bessie R. an individual half of said property for alimony, and if he failed so to do, the court order should operate as such conveyance. Boris was also ordered to pay a certain weekly sum to Bessie R., which alimony was made a lien on the real property of said Boris. A motion for a new trial by Boris was overruled. The. Court of Appeals in granting a new trial held:

1. Allowance of alimony in Ohio is regulated entirely by statute and the courts have no equitable congnizance of the same.

2. An order dividing the husband’s property and awarding part of it as alimony is an attempt at equitable division, contrary to 11198 GC.

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