Peck v. Peck
| Decision Date | 25 January 1888 |
| Docket Number | 13,103 |
| Citation | 15 N.E. 12,113 Ind. 168 |
| Parties | Peck v. Peck |
| Court | Indiana Supreme Court |
From the White Circuit Court.
Judgment affirmed.
A. W. Reynolds and E. B. Sellers, for appellant.
T. F. Palmer, for appellee.
The trial court granted the appellee a divorce and awarded her as alimony the sum of three hundred and fifty dollars. Of this allowance appellant complains.
A very broad discretion is vested in the trial court in the matter of awarding a wife alimony, and it is only where there is a manifest abuse of discretion that this court will interfere. It rests upon the appellant in such cases to show an abuse of discretion, and if he fails to do so his appeal will be unavailing. In this case the appellant has signally failed. Ifert v. Ifert, 29 Ind. 473; Powell v. Powell, 53 Ind. 513; Conn v. Conn, 57 Ind. 323; Eastes v. Eastes, 79 Ind. 363; Metzler v. Metzler, 99 Ind. 384; Logan v. Logan, 90 Ind. 107.
Judgment affirmed.
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...discretion must be very clear, indeed, to justify this court in interfering with its exercise. Powell v. Powell, 53 Ind. 517;Peck v. Peck, 113 Ind. 168, 15 N. E. 12; Hedrick v. Hedrick, supra. In awarding alimony, the court may consider the husband's ability to earn money and his income. He......
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