Beatty v. Beatty

• Decision Date: 23 March 1906
• Citation: Beatty v. Beatty, 105 Va. 213, 53 S.E. 2 (1906)
• Court: Virginia Supreme Court
• Parties: BEATTY. v. BEATTY.

53 S.E. 2

(105 Va. 213)

BEATTY.

v.BEATTY.

Supreme Court of Appeals of Virginia.

March 23, 1906.

Appeal—Decisions Reviewable—Interlocutory Decree.

In a suit for separate maintenance, an interlocutory decree awarding the plaintiff a pendente lite allowance for her support until the further order of the court, requiring the defendant to pay the costs of suit incurred by the complainant to date of decree, and referring the cause to a commissioner in chancery to inquire and report on the value of the property of the defendant, the amount of his income, and what would be a reasonable allowance to be paid for the support of the complainant and her child, was not appealable.

Appeal from CorporationCourt of Newport News.

Action by Hattie L. Beatty against J. P. Beatty.From an interlocutory decree, the defendant appeals.Appeal dismissed.

A. Johnston Ackiss, for appellant.

John W. Friend, for appellee.

HARRISON, J.The bill in this cause was filed by Hattie L. Beatty, alleging that her husband, J. P. Beatty, had turned her and their daughter Margaret, a child about 12 years of age, out of doors, and had abandoned them, in distress for want of the necessaries of life; that, although her husband had sufficient means, he had wantonly and cruelly refused and neglected to provide suitable maintenance for herself and their child.The prayer of the bill is that the said Beatty may, upon the final hearing, be required to pay complainant such reasonable sums of money for the support of herself and their daughter as their necessities may require and his ability may justify, and that by like decree he may be required to pay complainant such sums of money during the pendency of her suit as may be needful for the support of herself and child and to defray the expenses of her suit.

The defendant demurred to the bill, and filed an answer denying its material allegations.Evidence was taken, and upon the hearing a decree was entered overruling the demurrer, awarding the plaintiff a pendente lite allowance for her support until the further order of the court, and requiring the defendant to pay the costs of suit incurred by the complainant to the date of the decree, including a fee of $100 to her counsel.Thereupon the cause was referred to a commissioner in chancery to inquire and report upon the value of the real and personal property of the defendant, and the amount of his reasonable income from all sources; what would be a reasonable allowance to be paid by the defendant for...