Swanson v. Swanson
Swanson v. Swanson
Opinion of the Court
1. The question as to what, under the facts and circumstances shown and the actual value of defendant’s estate, was a proper amount to be allowed as alimony to plaintiff and for the- support and maintenance of the three infant children in her care and custody was one largely within the sound judgment and discretion of the trial court, to whom the parties submitted their domestic difficulties. We do not find that the allowances made by the court are excessive and unreasonable in the light of the facts found by the court.
2. The judgment provides that the judgment “shall be a lien upon the said homestead property . . . and all other of defendant’s property to secure the payment of the moneys required to be paid by him, . . .” and that such lien may be removed in whole or in part by the giving of a bond approved by the court. This language is broad enough to impose the judgment as a charge upon defendant’s personal property. The statute (sec. 2367, Stats. 1913) declares that by the judgment of alimony or other allowance in divorce actions, “. . . the court . . . may impose the same as a charge upon any specific real estate of the party liable. . . .” There is no authority given to subject a party’s personal property to such a charge in divorce actions. The judg
By the Gourb. — It is so ordered.
Reference
- Status
- Published