Going v. Going

• Decision Date: 20 June 1921
• Parties: GOING v. GOING.
• Court: Tennessee Supreme Court

232 S.W. 443

144 Tenn. 303

GOING v. GOING.

Supreme Court of Tennessee.

June 20, 1921

Appeal from Chancery Court, Shelby County; F. H. Heiskell Chancellor.

Petition by L. C. Going against Birdie M. Going to have a decree for alimony vacated or modified, in which defendant filed a petition to compel payment of alimony decreed. From a decree or order for defendant, requiring payment of alimony petitioner appeals. Affirmed.

Ewing King & King and L. W. Taylor, all of Memphis, for appellant.

W. C Rodgers, of Memphis, for appellee.

HALL J.

On July 30, 1920, L. C. Going filed his petition in this cause against his wife, Birdie M. Going, in the chancery court of Shelby county seeking to have a decree for alimony rendered in favor of his wife by that court on July 11, 1919, vacated or modified, on the ground that there had been a change in the status of the parties since the rendition of said decree that warranted such action.

On June 24, 1919, the defendant to said petition, Birdie M. Going, filed her bill against her husband, L. C. Going in the chancery court of Shelby county seeking a divorce from him on the following grounds: (1) Abandonment and failure to provide; and (2) adultery.

The husband did not make any defense to this bill, but permitted an order pro confesso to be taken against him.

The cause was finally heard by the chancellor on July 11, 1919, when an absolute divorce was decreed the wife, and the bonds of matrimony then subsisting between her and her husband were dissolved. She was also decreed the custody of their two minor children, both of whom were living with the wife at the time the divorce was granted. These children were Maurice, aged 17 years, and Lorraine, aged 14 years. The decree further adjudged as follows:

"And it further appearing to the court that the defendant is a man of learning and ability, with large earning capacity, and the petitioner is practically without means and is now working to [support] herself and family:

It is therefore ordered, adjudged, and decreed by the court that the bonds of matrimony existing between the petitioner and the defendant be, and the same are dissolved. * * *

It is further ordered and adjudged by the court that the defendant, L. C. Going, as permanent alimony, pay to the petitioner, Mrs. Birdie M. Going, the sum of $4,000 cash, which has this day been done, and the receipt of which is acknowledged, and that the said L. G. Going pay into the hands of the clerk and master of this court on July 1, 1920, the sum of $1,800 for the support and maintenance of the petitioner, Mrs. Birdie M. Going, and that the said L. C. Going also pay into the hands of the clerk and master of this court, for the petitioner, the sum of $150 per month, beginning August 1, 1920, and on the 1st of every month thereafter during the lifetime of the petitioner."

The petition of the husband filed in this cause alleges that since the granting of said divorce and alimony the status of his wife has changed, so as to render the payment of further alimony by him under said decree unnecessary; that one of her children has married, and her family expenses have been greatly reduced; that she has come into possession of certain property from her deceased father's and brother's estates, which, together with certain property which petitioner had given her prior to the granting of the divorce, and the permanent alimony decreed to her by the court in said divorce proceeding, was sufficient for her support.

The petition prayed that petitioner be relieved from paying any further sums to the complainant under said decree, or that said decree at least be modified, so as to relieve petitioner from a portion of the payments required by said decree.

Mrs. Going answered the petition, setting forth what property had come into her possession from the estates of her father and brother since the divorce was granted, as well as that received from the petitioner prior to the granting of the divorce, and denied that the income from said property, including the payments to be made by petitioner under the decree, was more than sufficient to support herself and unmarried daughter, who was then 15 years of age, and who was living with her in the city of Memphis.

On or about November 23, 1920, and before the petition of the husband had been acted upon, the wife filed her petition in said cause, alleging that her husband had never paid the $1,800, which the court decreed he should pay on or before July 1, 1920, but had willfully refused to pay said sum, and had also willfully refused to pay to complainant the monthly sum of $150 since August 1, 1920, as provided by said decree. This petition was supported by affidavits, and it alleged that petitioner, L. C. Going, had willfully disobeyed the decree of the court, and was in contempt of court as a result of said disobedience, and the petition prayed for an attachment of his body, and that he should be required...