Crews v. Crews

• Decision Date: 28 April 1900
• Citation: 56 S.W. 778
• Parties: CREWS v. CREWS.
• Court: Arkansas Supreme Court

Page 778

56 S.W. 778

CREWS v. CREWS.

Supreme Court of Arkansas.

April 28, 1900.

Appeal from Clay chancery court; Edward D. Robertson, Chancellor.

Action by T. J. Crews against Ann Crews for divorce. From a decree for defendant, plaintiff appeals. Affirmed.

J. D. Block, for appellant. L. Hunter, for appellee.

BUNN, C. J.

This is a bill for divorce by T. J. Crews against his wife, Ann Crews, in the chancery court of the Eastern district of Clay county. Answer and cross bill by defendant. The same grounds and prayer for divorce from the bonds of matrimony were made in the bill and the cross bill. The cross bill contained certain property allegations, and prayer for alimony. Upon the testimony in the case the chancellor granted the defendant a divorce a mensa et thoro, and an allowance of $80 per annum, payable quarterly, to her, as alimony.

In the findings of the chancellor is this expression: "Upon consideration, the court finds that both parties are, to a degree, in fault, and that neither is entitled to an absolute divorce, but finds that a decree of divorce from bed and board should be rendered, with alimony to defendant in the sum of $80 per annum." It is contended by appellant that this finding of the chancellor is tantamount to finding that both are equally at fault, and that under the rule laid down in Cate v. Cate, 53 Ark. 486, 14 S. W. 675, neither was entitled to a divorce. But we do not think that the language of the chancellor has that meaning, but, rather, that, while neither was blameless, yet there was a difference in their guiltiness, in degree. In Rose v. Rose, 9 Ark. 507, it was held that it is not necessary that one be entirely without blame, to entitle him or her to a divorce. The decree of the chancellor in favor of the defendant, as between her and her husband, clearly indicates in whose favor were his findings. The statute on the subject of divorce is as follows, to wit:

"Sec. 2505. The circuit court shall have power to dissolve and set aside a marriage contract, not only from bed and board (as the ecclesiastical courts in England do) but from the bonds of matrimony, for the following causes." Then follow the seven causes in their order; some of them being the same as at common law, and others being additional causes or grounds.

"Sec. 2508. The action for alimony or divorce shall be by equitable proceedings."

The decree from bed and board and the divorce from the bonds of matrimony both rest upon the same ground, and...