Miller v. Miller
| Decision Date | 23 November 1915 |
| Citation | 95 A. 928 |
| Parties | MILLER v. MILLER, |
| Court | Vermont Supreme Court |
Exceptions from Orange County Court.
Action for divorce by Anabel Miller against James O. Miller. Decree for plaintiff, with order to pay $1,500 as permanent alimony, and cause remanded, with directions to fix a new time for the payment of alimony, and defendant then filed a petition for a revision of the order as to alimony. Petition denied, and defendant excepts. Judgment and decree affirmed, and cause remanded.
Argued before MUNSON, C. J., and WATSON, HASELTON, POWERS, and TAYLOR, JJ.
E. W. Smith, of Wells River, and F. S. Williams, of Bradford, for petitioner. David S. Conant, of Bradford, for petitionee.
HASELTON, J. Anabel Miller was granted a bill of divorce from James C. Miller by the Orange county court at its December term, 1913. She was granted the care and custody of a very young minor child, their only child, and it was ordered and decreed that James C. Miller pay her the sum of $1,500 as permanent alimony. James claimed that the court that granted the divorce was without jurisdiction, and brought the case to this court on that ground, and on no other. See 88 Vt. 134, 92 Atl. 9. The claim then made was not sustained, and the case was remanded, with directions that a new time he fixed for the payment of the alimony. At the December term, 1914, of the Orange county court James filed a petition in the cause asking for a revision of the order as to alimony on the ground that $1,500 was too much for him to pay in view of his financial condition. The petition was denied, and James excepted to the action of the court claiming that the denial of his petition was against the evidence and contrary to the evidence, unwarranted by the evidence, and beyond the discretion of the court. The testimony on both hearings is referred to and made controlling.
The county court may, on due notice and hearing, revise a decree as to alimony, and is not limited to cases in which the decree was for an annual allowance. Andrew v. Andrew, 62 Vt. 495, 20 Atl. 817; Curtis v. Gordon, 62 Vt. 340, 20 Atl. 820; Buckminster v. Buckminster, 38 Vt. 248, 88 Am. Dec. 652; Montpelier v. Elmore, 71 Vt. 193, 195, 44 Atl. 71.
But, if the county court has not abused its discretion in the matter, there is nothing for this court to review.
James Miller and his brother, George, are, according to the testimony, tenants in common of an excellent home farm in Newbury, of about 103 acres, of outlying lands of such extent that their real estate amounts to at least 350 acres, of live stock, appraised by the petitioner's own witnesses at about $1,650 and of the usual farming tools....
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