Herrett v. Herrett
Herrett v. Herrett
Opinion of the Court
This action was brought by the respondent for separate maintenance. After issues were joined, the court upon the trial of the case entered a decree requiring the defendant to pay the plaintiff $50 per month for.her separate personal maintenance, the sum of $220 money borrowed by her, and $75 for attorney’s fees herein. The defendant has appealed from the decree.
The appellant seeks a reversal upon two grounds, viz., that the complaint does not state a cause of action, and that the evidence is insufficient to support the decree. The complaint
The appellant conceded that the rule is established in this state by the decisions in Kimble v. Kimble, 17 Wash. 75, 49 Pac. 216; Branscheid v. Branscheid, 27 Wash. 368, 67 Pac. 812; Schonborn v. Schonborn, 27 Wash. 421, 67 Pac. 987, and Bond v. Bond, 45 Wash. 511, 88 Pac. 943; “that courts have jurisdiction to grant separate maintenance to the wife without divorce. To maintain the action, it is sufficient for the complaint and the facts to show an abandonment without
But it is contended that the complaint shows that the parties are still living together. Upon that theory, a long argument is made that the court has no jurisdiction to award separate maintenance. If the contention were correct that the complaint shows that the parties were still living together as man and wife, there would be much force in the argument of counsel. But the complaint and the proof in support thereof show that, while the parties were and are still living in the same house, they are not and have not lived together as man and wife for more than a year; and for three months prior to the suit, the appellant had even refused to converse with the respondent, and had refused her credit for clothing, etc.; that while living in the same house, they were actually separated as much as if they lived in different houses or in different communities. The complaint shows, and the allegations are fully supported by the evidence, that the appellant actually abandoned the respondent and refused to treat helas his wife, although he permitted her to remain in the same house where he lived; and as accentuating the abandonment, he insisted that she should obtain a divorce from him. These allegations of the complaint are clearly sufficient to show an abandonment of the respondent by the appellant.
It is next urged that the evidence is insufficient to justify separate maintenance, becausé the respondent testified that the appellant has provided groceries and paid for the laundry and medicines and doctor’s bills, and bills of that character. But it was shown conclusively that the appellant does not live with the respondent as his wife, and does not intend to do so; that he had made numerous requests for her to get a divorce ; that he had refused her credit for clothing and had notified merchants not to give her credit. The evident purpose of the appellant was to abandon his wife while apparently
The judgment is therefore affirmed.
Rudkin, C. J., Gose, Fullerton, and Parker, JJ., concur.
Reference
- Full Case Name
- Alice Herrett v. Athelton U. Herrett
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Husband and Wife — Separate Maintenance — Abandonment—Evidence — Sufficiency. An abandonment of a wife is shown where, although the parties continued to live in the same house, the husband refused to treat her as his wife, or converse with her, or allow her credit for necessities, and insisted upon her getting a divorce. Same — Nonsuppobt—Evidence—Sufficiency. The evidence justifies a decree for separate maintenance, although the husband allowed the wife to live in the same house and provided groceries and paid laundry and doctor’s bills, where he had abandoned her, refused her credit for clothing, and by his treatment sought to force her to obtain a divorce. Same — Allowance—Amount. Separate maintenance in the sum of $50 per month, $220 for money borrowed, and $75 attorney’s fees, is justified, where the community property was valued at $30,000.