Gann v. Gann
| Decision Date | 23 June 1961 |
| Citation | 347 S.W.2d 540 |
| Parties | Harvey GANN, Appellant, v. Agnes GANN, Appellee. |
| Court | United States State Supreme Court — District of Kentucky |
V. R. Logan, Brownsville, for appellant.
B. M. Vincent, Brownsville, for appellee.
STANLEY, Commissioner.
The appellant, Harvey Gann, seeks a reversal of a judgment awarding his divorced wife $30 a month alimony and of an order overruling his motion made under CR 60.02, subsections (5) and (6), to be relieved of further payments because the obligation is 'no longer equitable.'
The original judgment was rendered April 4, 1959, and the supplemental order on March 18, 1960. The appellant's argument is that it was error to grant the divorce, hence error to allow his wife alimony, and that that part of the judgment is appealable. His further contention is that because of a change in the conditions, the court should have relieved him of paying future alimony.
The appeal from the original judgment must be disregarded, for it was not taken until more than a year had elapsed CR 73.02. But we deem it proper to consider the record as it may bear upon the supplemental order from which a timely appeal has been perfected. We have jurisdiction, although the money immediately involved is small. Stone v. Stone, Ky., 275 S.W.2d 910.
The suit for divorce and alimony was instituted by the wife, Agnes Gann, upon the ground of mental cruelty for six months. KRS 403.020(3)(b). The parties were married on April 5, 1958, and went from Brownsville to Bowling Green to live. The material facts were not in dispute. The parties were in their thirties and neither had been married before. About six weeks after the marriage, Gann told his bride he did not love her any more and was dissatisfied with married life, and that there was no use trying to get along. During even that brief period the husband neglected his wife and did little to support her. They separated three months after the marriage. He had bought the wedding ring and furniture on credit. She consented to returning the furniture to the merchant and at his request gave up her wedding ring, and he returned it to Sears Roebuck, where he had bought it. The husband at the time was, and still is, an automobile mechanic of some sort, working in Bowling Green. He has only a second grade education, and when he works earns about $60 a week. She has a college degree and a school teacher's certificate.
If it should be agreed that the grounds of divorce relied upon were not proved because the cruelty claimed had not continued for six months, the judgment was final and could neither be vacated nor ignored. The record is silent as to whether the provision for the payment of alimony was complied with.
The court heard evidence on the appellant's motion to be relieved of the judgment of alimony. His grounds were that his wife was regularly employed as a school teacher and earning about $60 a...
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Norton v. Norton
...11 Cal.Rptr. 590. Plaintiff's employment will normally create an added expense in transportation to and from her school, as in Gann v. Gann (Ky.) 347 S.W.2d 540. The fact that she is only a probationary teacher, and has no savings or reserve for contingencies is also relevant. Miner v. Mine......
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Herndon v. Herndon
...is based in part on a consideration of the needs of the parties as well as their respective abilities to meet them." Gann v. Gann, 347 S.W.2d 540, 542 (Ky.App.1961). Applying this basic theory of equity to the particulars of this case, leads me to the inevitable conclusion that the trial co......
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Williams v. Williams, 89-SC-340-DG
...payment was for a showing of extreme hardship or change of circumstances as contemplated by the statute. K.R.S. 403.250; Cf. Gann v. Gann, Ky., 347 S.W.2d 540 (1961). We agree with the trial judge that the husband failed to make any showing of extreme hardship or a change in circumstances w......
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Young v. Young
...would unnecessarily lengthen this opinion to discuss these cases and that the authorities we will cite are controlling. In Gann v. Gann, Ky., 347 S.W.2d 540 (1961), we wrote that the power of the court to modify an allowance of alimony existed '. . . unless the allowance is in gross or is b......