Collett v. Collett

• Decision Date: 19 May 1913
• Parties: COLLETT v. COLLETT.
• Court: Missouri Court of Appeals

157 S.W. 90

170 Mo. App. 590

COLLETT v. COLLETT.

Kansas City Court of Appeals. Missouri.

May 19, 1913.

1. DIVORCE (§ 55) — RIGHT TO — INNOCENCE OF COMPLAINANT.

Where both parties to a marriage were guilty of breaches of marital duty in putting indignities upon the other, neither is entitled to a divorce.

2. DIVORCE (§ 37) — DESERTION — WHAT CONSTITUTES.

While it is the duty of a wife to submit to her husband's choice of family domicile and follow him there, she is not bound to follow him unless it is his wish that she do so, and if he does not request her to accompany him she is not guilty of desertion.

3. DIVORCE (§§ 211, 286) — REVIEW — DISCRETION OF LOWER COURT — ALLOWANCE OF ALIMONY PENDENTE LITE.

The circuit court has a wide discretion over the allowance of alimony pendente lite or suit money, and unless such discretion appears to have been abused it will not be interfered with on appeal.

4. DIVORCE (§ 182) — ALIMONY — PENDENTE LITE — ALLOWANCE.

Where neither spouse was entitled to a divorce, an allowance of $50 suit money in favor of a wife upon her husband's perfecting his appeal from a judgment dismissing his petition and his wife's cross-petition is not an abuse of discretion, where it appeared that the wife supported the children and the husband had twice as much property as she.

Appeal from Circuit Court, Vernon County; B. G. Thurman, Judge.

Action for divorce by Jason Collett against Mary Collett, who filed a cross-petition. From a judgment dismissing the petition and cross-petition, plaintiff appealed, and excepted to that portion of the order granting the appeal which allowed defendant suit money. Affirmed.

J. B. Johnson, of Nevada, Mo., for appellant. Harvey C. Clark, of Nevada, Mo., for respondent.

JOHNSON, J.

This is an action for divorce begun in the circuit court of Vernon county on August 9, 1912. The ground alleged is desertion. Defendant lives in Freeburg, Ill., and was served by publication. She appeared and filed an answer and cross-petition, alleging indignities, drunkenness, and desertion as grounds on which she should be granted a decree. After hearing the evidence the court refused to grant a divorce to either party, and entered judgment dismissing the petition and cross-petition. Plaintiff appealed. In the order granting the appeal the court allowed defendant $50 suit money. Plaintiff excepted to and appealed from this order.

The parties were married in 1876, and have had two children — a daughter, long deceased, and a son, who is 15 years old and living with his mother. Plaintiff was a railway freight conductor, and spent but little of his time at home. We infer from the evidence that during the first 25 years of their married life his intercourse with his family was confined to occasional and brief visits. He contributed to their support, but defendant was the mainstay of the family. She and her children lived on a farm of 50 acres near Freeburg, owned by her father, who died in 1907, leaving the farm to her. Plaintiff's father died in 1902, leaving him a farm of 100 acres in Vernon county. About this time he quit the railway service and lived with his wife and her father until 1905, when he went to live alone on his farm in Vernon county. He did not offer to take his family with him, for the reason that the place in its unimproved condition was not suitable for their residence. He remained in Vernon county three years, and had a stroke of paralysis, from which he partially recovered. Defendant...