Pelphrey v. Pelphrey
| Decision Date | 15 October 1929 |
| Citation | 21 S.W.2d 122,231 Ky. 80 |
| Parties | PELPHREY v. PELPHREY. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Johnson County.
Suit by Dollie Pelphrey against Sherman Pelphrey. From the judgment rendered, plaintiff appeals. Reversed with directions.
Wheeler & Wheeler, of Paintsville, for appellant.
Blair & Harrington, of Paintsville, for appellee.
The appellant, Dollie Pelphrey, and the appellee, Sherman Pelphrey, were married on November 12, 1926, and lived together as husband and wife for a period of one month and two days. They were each about twenty years of age. After their marriage they went to reside in the home of the husband's father. There appears to have been no trouble between them until the night before the separation. Both the husband and wife testified without objection. The wife claims that she had heard that her husband intended to leave her and that night asked him about it. They had a quarrel, and he threatened to leave that night. The next morning he went to work at the mines and she says she knew he was not coming back. In the afternoon his father came in from work and told her that her husband was not coming back, and she thereupon got together her clothing and went to the home of her brother about a mile away. The husband came in a few hours later according to the evidence in his behalf, but it appears made no inquiry concerning her whereabouts. The appellant proved that he went to the home of a distant relative that afternoon seeking board for himself alone. The only excuse given for this conduct by the appellee, according to the evidence of appellant, was that he had become dissatisfied with married life. The wife had an interview with her husband a few days later and sought a reconciliation. This the husband spurned and refused to live with her again. A child was born during the pendency of these proceedings.
This suit filed by the wife merely sought alimony, and by an amended petition asked for an allowance for the child. The court refused her any maintenance, but adjudged that the appellee should pay $15 a month for the maintenance of the child.
The right to maintain a suit for alimony is founded on the duty of a husband to maintain his wife, and such a suit affords a means by which she can require the husband to discharge his legal obligation without affecting in any way the marital status. George v. George, 190 Ky. 706, 228 S.W. 408 39 A....
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Huffman v. Huffman
...was entitled to an allowance for maintenance. This is true even though she may not have been entitled to a divorce. In Pelphrey v. Pelphrey, 231 Ky. 80, 21 S.W. 2d 122, it was very clearly set out that a wife's right to maintenance is based upon the husband's duty to maintain her. In that c......
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Huffman v. Huffman
... ... for maintenance. This is true even though she may not have ... been entitled to a divorce. In Pelphrey v. Pelphrey, ... 231 Ky. 80, 21 S.W.2d 122, it was very clearly set out that a ... wife's right to maintenance is based upon the ... husband's ... ...