Prothero v. Prothero

• Decision Date: 13 January 1926
• Docket Number: 19260.
• Court: Washington Supreme Court
• Parties: PROTHERO v. PROTHERO.

242 P. 1

137 Wash. 349

PROTHERO v. PROTHERO.

No. 19260.

Supreme Court of Washington, En Banc.

January 13, 1926

Appeal from Superior Court, Spokane County; Haneke, Judge.

Action by Fay M. Prothero against F. A. Prothero, in which defendant filed cross-complaint. From a decree for defendant on the cross-complaint, plaintiff appeals. Reversed and remanded with directions.

C. T McDonald, of Spokane, for appellant.

MAIN, J.

The plaintiff brought this action for a divorce from her husband. The defendant answered, and by cross-complaint sought a divorce as against the plaintiff. The trial resulted in an interlocutory decree of divorce in favor of the cross-complainant and against the plaintiff. The custody of the children was awarded to the parents of the cross-complainant, the grandparents of the children, and certain property was set over to the cross-complainant in trust for the children. From this decree the plaintiff appeals.

The parties were married in the year 1914, and as a result of this marriage two children were born, both girls, who at the time of the trial were three years and eight years of age. During much of the married life of the parties the appellant worked to help support and maintain the family. In the fall of 1922 she went to Wenatchee to work during the apple harvest season. While there the respondent claims that she was guilty of certain indiscretions, and casts aspersions upon her conduct. In December of that year the parties settled their differences, and resumed marital relations which continued for about four months, when the respondent abandoned the appellant and his children, and ceased to live with them. Whatever improper conduct, if there was any, the appellant had been guilty of prior to the time when the marriage relations were resumed in December of 1922 the respondent condoned. Subsequent to that time the record furnishes no evidence which would justify any imputation against the appellant's conduct. The five-acre tract of land located in Greenacres, Spokane county, upon which the parties resided, had by the respondent been deeded to the appellant. After the respondent abandoned the appellant and the children, and prior to the time of the trial, he contributed very little to their support. The appellant worked in order to support herself and the children. Some of the neighbors testified that the appellant was a good mother, and was diligent in looking after not only the material but the spiritual welfare of the children. By the decree, as stated, the custody of the children was given to the father and mother of the respondent, who undoubtedly are good people, but well advanced in years.

It would serve no useful purpose to particularly detail the evidence of this distressing story of an unfortunate marital venture. We are unable to arrive at the same...