Parsons v. Parsons

• Citation: 64 Wyo. 198,189 P.2d 159
• Decision Date: 27 January 1948
• Docket Number: 2381
• Parties: ALTA PARSONS, Plaintiff in Error, v. M. GLENN PARSONS, Defendant in Error
• Court: United States State Supreme Court of Wyoming

189 P.2d 159

64 Wyo. 198

ALTA PARSONS, Plaintiff in Error, v. M. GLENN PARSONS, Defendant in Error

No. 2381

Supreme Court of Wyoming

January 27, 1948

ERROR to District Court, Natrona County; HARRY P. ILSLEY, Judge.

Action for divorce by M. Glenn Parsons against Alta Parsons, wherein defendant filed a cross-petition for divorce and for alimony. Judgment for defendant on her cross-petition, defendant's motion for a new trial and to vacate and set aside the judgment and decree was overruled, and defendant brings error, complaining as to allowances made to her as alimony.

Affirmed.

Judgment affirmed.

For the Plaintiff in Error, the cause was submitted upon the brief and also oral argument of Fred W. Layman of Casper, Wyoming.

POINTS OF COUNSEL FOR PLAINTIFF IN ERROR

The general rule is that the amount of alimony allowed a wife or the property that is set over to her is largely within the discretion of the court. Lovejoy v. Lovejoy, 36 Wyo 379, 256 P. 76; Garman v. Garman, 59 Wyo. 1, 75 P 2d. 390; O'Day v. O'Day, 47 Wyo. 22, 30 P 2d. 488. Yet this discretion is controlled by certain principles which are set forth in Vol. 2, Bishop on Marriage, Divorce and Separation, Sec. 1006.

Where a divorce was granted on the wife's petition, the award of alimony should be in such sum as to leave the wife in at least as good position pecuniarily after the divorce as she would have been in as a surviving widow. 44 L. R. A. (NS) 1000.

Alimony should be granted to a wife divorced by reason of the fault and aggression of her husband in a sufficient amount to maintain her and her children in as good condition as if she were still living with her husband. 44 L. R. A. (NS) 1001.

For the Defendant in Error, the cause was submitted upon the brief and also oral argument of Marvin L. Bishop of Casper, Wyoming.

POINTS OF COUNSEL FOR DEFENDANT IN ERROR

The trial court is vested with a reasonable amount of discretion in dividing property upon granting a divorce. Lovejoy v. Lovejoy, 36 Wyo. 379, 256 P. 76; O'Day v. O'Day, 47 Wyo. 22, 30 P.2d 488. The division of the trial court should not be disturbed, except on clear grounds, since the trial court is usually in a better position than the appellate court to judge respective merits and needs of parties even though a division of property might not be equal. Garman v. Garman, 59 Wyo. 1, 136 P.2d 517.

BLUME, Justice. RINER, C. J., and KIMBALL, J., concur.

OPINION

BLUME, Justice.

This is an action brought on June 19, 1946, by M. Glenn Parson against Alta Parsons for a divorce. The defendant, Alta Parsons, filed a cross petition for a divorce and for alimony. Previously the defendant had brought an action for separate maintenance against the plaintiff and had procured a judgment. That action was dismissed by the trial court in the present action. Alta Parsons also had previously brought an action for divorce against the plaintiff, but that action had been dismissed before the answer day. In the present action the trial court granted a divorce to the defendant, Alta Parsons, upon her cross petition and awarded her alimony and allowances as hereinafter mentioned. The decree to that effect was rendered on November 30, 1946. Thereafter on December 6, 1946, the defendant, Alta Parsons, through an attorney different from that who represented her in the trial of the case, filed her motion for a new trial and to vacate and set aside the judgment and decree on the ground that said judgment and decree is not sustained by sufficient evidence and is contrary to the evidence and against the weight thereof. On January 23, 1947, the motion for a new trial was overruled, and thereupon on April 30, 1947, the defendant filed in this court her petition in error. The parties herein will be referred to in the same manner as in the court below.

Although the petition in error herein as well as the motion for a new trial would seem to indicate the contrary, the defendant herein does not complain that the court awarded her a divorce, nor could she very well do so in as much as she asked for it. Complaint herein is made as to the allowances made by the court to the defendant, Alta Parsons. It appears that the parties herein were the owners of Lot 8, Block 83, in the City of Casper, containing a modern home of five rooms and bath, and two cottages, each with three rooms and a bath. The parties to this action lived in the five room house. The cottages are rented for $ 50.00 per month. It was agreed by the parties in this action that the value of the foregoing property is $ 12,500.00. It is, however, encumbered and there was due thereon at the time of the trial the sum of $ 2948.65, payable in monthly installments of $ 63.00 each. The net value of the property, accordingly, was the sum of $ 9551.35. The parties also owned at the time of the trial herein, bonds of the United States of the then value of about $ 1,300.00. The plaintiff, Glenn Parsons, at the time of the trial owned a Chrysler automobile, used by the plaintiff in his business, on which there was due the sum of $ 1200.00, payable at the rate of $ 100.00 per month. The parties also jointly owned 4950 shares of stock of the Indian Ice & Cold Storage Company, a Casper corporation. 1000 of these shares were bought for 80c per share and 3950 shares were bought for the sum of $ 5,000.00. The parties had also owned a joint account in a Casper bank, in the sum of about $ 470.00, which, however, was drawn out by the defendant, Alta Parsons, after the commencement of their disagreements. The plaintiff, Glenn Parsons, is the general manager of the Indian Ice & Cold Storage Company above mentioned, drawing at the time of the trial herein a salary of $ 400.00 per month, which, however, would, by reason of income tax, be reduced to $ 360.00 per month.

The trial court allowed the defendant, Alta Parsons, alimony in the sum $ 115.00 per month for the support of herself and children, such payments to be made for the period of two years, and further the sum of $ 75.00 alimony per month to be paid for two years thereafter payments to cease after that time. The court set over to the defendant, Alta Parson, the home and the houses located thereon, permitting the plaintiff to retain the bonds of the United States except $ 600.00 thereof, which the court directed should be turned over by the defendant to the plaintiff, she having possession of all the bonds. The court found the value of the stock in the Indian Ice & Cold Storage Company to be $ 1.20 per share or $ 5940.00. The stock was by the court divided evenly between the parties, but the court gave the option to the plaintiff to purchase within one year the shares of the defendant for $ 1.20 per share. The net result was that the defendant, Alta Parsons, received property of the value of approximately $ 13,000.00,...