Parsons v. Parsons

• Decision Date: 31 May 1904
• Citation: 80 S.W. 1187
• Parties: PARSONS v. PARSONS.
• Court: Kentucky Court of Appeals

80 S.W. 1187

PARSONS v. PARSONS.

Court of Appeals of Kentucky.

May 31, 1904

Appeal from Circuit Court, Jefferson County, Chancery Division.

"Not to be officially reported."

Action by Mary Isabella Parsons against Clarence W. Parsons. Pending the action defendant contracted to pay two-thirds of his net annual income to plaintiff, for support of herself and family, and from an order requiring compliance with this contract defendant appeals. Reversed.

W. W Thum and Robt. L. Greene, for appellant.

Percy N. Booth, for appellee.

HOBSON J.

On June 2, 1902, appellee, Mary Isabella Parsons, filed suit against appellant, Clarence W. Parsons, on the ground of abandonment. Proof was taken sustaining the allegations of the petition and on the 12th of June a written contract was made between them by which he agreed to apply two-thirds of his annual income, not exceeding $2,400 per annum, for the support of his wife and their four children, and to pay the amount to the Louisville Trust Company, as trustee, for them. On July 5th a judgment was entered divorcing the parties, to which this is added: "It appearing to the court that an agreement as to future support of plaintiff and the children of plaintiff and defendant has been entered into between the parties to this action and a trustee, which agreement is to be filed herein, this cause is retained for that purpose, and for all such orders as may be necessary and proper in reference thereto." On October 23, 1902, the plaintiff filed her affidavit and asked a rule against the defendant for not complying with his agreement. He responded to the rule, and on hearing the court discharged the rule at plaintiff's cost. Again, on November 10, 1903, she filed a like affidavit, and obtained another rule against him. To this rule the defendant responded that before the time of the making of the contract referred to he was in the employment of the city of Louisville as its chief engineer, but had lost his position, and had been unable to obtain any other regular employment; that in January, 1903, he accidentally slipped on the ice and fell, breaking his left leg, and was taken to an infirmary, where he remained for a month, and for three months afterwards he was confined to his room; that after he left his room he was on crutches for a month, and was unable to work until the middle of June; that thereafter he had taken two small jobs, for which he received gross $580, and had also received $70 for witness fees--making a total of $650 in all; that he had no property or means, and was in debt for his doctor's bills and other...