Gibble v. Gibble

Decision Date24 March 1942
Docket NumberNo. 16796.,16796.
Citation40 N.E.2d 347,111 Ind.App. 60
PartiesGIBBLE v. GIBBLE.
CourtIndiana Appellate Court

OPINION TEXT STARTS HERE

Appeal from Marshall Circuit Court; John W. Kitch, Judge.

Divorce action by Harry Gibble against Thelma Gibble, wherein the defendant filed a cross-complaint. From the judgment, the defendant appeals.

Affirmed.

Harry E. Vernon, of Goshen, for appellant.

Max Buntman, of South Bend, for appellee.

FLANAGAN, Judge.

Appellant was granted a divorce from appellee on her cross-complaint and the court adjudged appellant to be the owner of the household goods, appellee the owner of an automobile and the parties to be tenants in common of certain real estate which they had owned as tenants by the entireties.

Appellant's motion for a new trial and motion to modify the judgment challenged the correctness of the property division and the failure to award alimony. Both motions were overruled and these rulings of the trial court are assigned as error here.

[1] Appellant contends that it was error to adjudge that the parties were tenants in common of the real estate which they had owned as tenants by the entireties. Under the law of this state an absolute divorce terminates an estate by entireties and converts it into an estate as tenants in common. Kiracofe v. Kiracofe, 1924, 80 Ind.App. 656, 142 N.E. 21. This part of the court's judgment was merely declaratory of the law and could not be harmful to appellant.

[2] Appellant next contends that the court erred in setting off to appellant the household goods because there was no evidence to show that they belonged to her. If any error was so committed, it was in appellant's favor and she has no cause for complaint.

[3][4] Appellant finally contends that she should have been awarded alimony.

There is evidence that the parties to this action were married approximately twelve years; that at the time of their marriage appellee had about $500 which was used to buy furniture; thereafter both parties worked and put their surplus earnings in a joint bank account from which account money was withdrawn to buy additional furniture and the real estate in question. When they separated there remained between $100 and $200 in the account which appellant kept. At the time of trial they owned the household goods, which were given to appellant, an automobile of the value of $250 or $300 with an indebtedness against it of $60, and the real estate above referred to.

The amount of alimony, if any, to be allowed...

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5 cases
  • Miller v. Miller
    • United States
    • Indiana Appellate Court
    • March 26, 1970
    ...to award alimony to a wife who was granted a divorce. Ralston v. Ralston, (1942), 111 Ind.App. 570, 41 N.E.2d 817; Gibble v. Gibble, (1942), 111 Ind.App. 60, 40 N.E.2d 347; Radabaugh v. Radabaugh, (1941), 109 Ind.App. 350, 35 N.E.2d 114. Whether alimony shall be awarded depends on the exist......
  • Smith v. Smith
    • United States
    • Indiana Appellate Court
    • September 20, 1960
    ...317; McHie v. McHie, 1939, 106 Ind.App. 152, 16 N.E.2d 987; Adams v. Adams, 1947, 117 Ind.App. 335, 69 N.E.2d 632; Gibble v. Gibble, 1942, 111 Ind.App. 60, 40 N.E.2d 347; Dissette et al. v. Dissette, 1935, 208 Ind. 567, 196 N.E. The economic situation of appellant and her ability or inabili......
  • Draime v. Draime, 19206
    • United States
    • Indiana Appellate Court
    • March 29, 1961
    ...to award alimony to a wife who was granted a divorce. Ralston v. Ralston, 1942, 111 Ind.App. 570, 41 N.E.2d 817; Gibble v. Gibble, 1942, 111 Ind.App. 60, 40 N.E.2d 347; Radabaugh v. Radabaugh, 1941, 109 Ind.App. 350, 35 N.E.2d 114. Whether alimony shall be awarded depends upon the existing ......
  • Shula v. Shula, 29402
    • United States
    • Indiana Supreme Court
    • March 13, 1956
    ...upon appeal unless an abuse of such discretion is shown. Dissette v. Dissette, 1935, 208 Ind. 567, 196 N.E. 684; Gibble v. Gibble, 1942, 111 Ind.App. 60, 40 N.E.2d 347; Adams v. Adams, 1947, 117 Ind.App. 335, 69 N.E.2d 632. But before the amount of alimony can be fixed, evidence must be int......
  • Request a trial to view additional results

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