Poloke v. Poloke

• Decision Date: 18 February 1913
• Citation: 130 P. 535,37 Okla. 70,1913 OK 149
• Parties: POLOKE v. POLOKE.
• Court: Oklahoma Supreme Court

130 P. 535

37 Okla. 70, 1913 OK 149

POLOKE v. POLOKE.

Supreme Court of Oklahoma

February 18, 1913

Syllabus by the Court.

A wife cannot be required to pay alimony for the support of her husband when a divorce is granted for the fault of the husband.

Additional Syllabus by Editorial Staff.

"Alimony" is an allowance which the husband pays by order of the court to his wife for her maintenance while living separate from him, where no suit is brought for divorce, or during the pendency of a divorce suit, or after the divorce is granted.

Commissioners' Opinion, Division No. 2. Appeal from District Court, Creek County; W. L. Barnum, Judge.

Action by Lucy Poloke against Sam Poloke. Judgment for plaintiff for divorce, and, from the portion of the judgment requiring her to pay alimony to him, she appeals. Judgment for alimony reversed.

W. P Root, of Sapulpa, and Biddison & Campbell, of Tulsa, for plaintiff in error.

ROSSER C.

This was an action for divorce by Lucy Poloke against Sam Poloke. The court rendered judgment for the plaintiff for the divorce, but required her to pay her husband the sum of $50 per month during her lifetime as alimony, and also required her to pay him an attorney fee of $100. From this portion of the judgment the appeal was taken.

The judgment should be reversed. The power of the court to grant alimony is governed by section 6179, Comp. L. 1909. That section is as follows: "When a divorce shall be granted by reason of the fault of aggression of the husband, the wife shall be restored to her maiden name if she so desires, and also to all the property, lands, tenements, hereditaments owned by her before marriage or acquired by her in her own right after such marriage, and not previously disposed of and shall be allowed such alimony out of the husband's real and personal property as the court shall think reasonable, having due regard to the property which came to him by marriage and the value of his real and personal estate at the time of said divorce; which alimony may be allowed to her in real or personal property, or both, or by decreeing to her such sum of money, payable either in gross or in installments, as the court may deem just and equitable. If the divorce shall be granted by reason of the fault or aggression of the wife, the court shall order restoration to her of the whole of her property, lands, tenements and hereditaments owned by her before, or by her separately acquired after such marriage, and not previously disposed of and also such share of her husband's real and personal property, or both, as to the court may appear just and reasonable; and she shall be barred of all right in all the remaining lands of which her husband may at any time have been seized. And as to such property,...