Puckett v. Puckett, 6 Div. 286.

• Decision Date: 16 January 1941
• Docket Number: 6 Div. 286.
• Citation: 200 So. 420,240 Ala. 607
• Parties: PUCKETT v. PUCKETT.
• Court: Alabama Supreme Court

200 So. 420

240 Ala. 607

PUCKETT v. PUCKETT.

6 Div. 286.

Supreme Court of Alabama

January 16, 1941

Rehearing Denied Feb. 27, 1941.

Appeal from Circuit Court, Jefferson County; E. M. Creel, Judge.

Suit for divorce by Walter Puckett against Maude S. Puckett wherein there was a cross-bill by respondent for separate maintenance and support. Respondent and cross-complainant being dissatisfied with the decree in her favor, appeals.

Affirmed.

Lange Simpson Brantley & Robinson and James O. Haley, all of Birmingham, for appellant.

Clark Williams, Kingman C. Shelburne, and Bradley, Baldwin, All &amp White, all of Birmingham, for appellee.

LIVINGSTON Justice.

The husband (appellee) filed his bill of complaint in the Circuit Court of Jefferson County, in equity, praying for a divorce from appellant on the ground of voluntary abandonment. Appellant answered the bill of complaint, making her answer a cross-bill and praying for separate maintenance and support. Relief was denied the husband, but granted to the wife under the answer and cross-bill.

The decree of the lower court ordered and directed the appellee to pay to appellant the sum of seventy-five dollars per month as separate maintenance, and two hundred dollars as attorneys' fees, over and above the sum of one hundred dollars allowed as temporary attorneys' fees. From this decree, the wife appeals.

The only question for review is the adequacy of the amounts fixed by the lower court for separate maintenance for the wife, and as attorneys' fees for her solicitors.

At the time of the trial of the cause, the husband was sixty-one years of age and the wife was fifty-six. They have reared a family of four children, two boys and two girls. Three of the children are grown and married. One son, Bob Puckett, was about twenty-one years of age and a student at Duke University when the cause was tried. It appears that the husband and father has been liberal with reference to advantages provided to his children.

It appears that for several years prior to the actual separation there has existed much friction between the husband and wife, as well as between some of the children and both parents. The husband testified that sometime during the year 1926 or 1927 his wife left his bed and had not lived with him as his wife since that time. This the wife denied. The husband further testified that on occasions prior to the separation, Mrs. Puckett had slapped and scratched his face, and that on the morning of the final separation she slapped his face and broke his glasses, thereby cutting his nose and face. He admitted striking the wife on this occasion. While as to this occurrence, she testified that she was beaten by the husband, her face, neck and ears were bruised and swollen to such an extent that she was forced to consult a physician. We do not attempt to set out in detail the testimony of a voluminous record. Suffice it to say, it is replete with incidents, and we have read the same with studious care.

On a reference held by the register touching the amount of alimony pendente lite and temporary attorneys' fees, the register found that the husband was employed as president of the Elmwood Cemetery Corporation at a salary of approximately $438.50 per month. However, there is evidence in the record tending to fix the husband's salary at $500 per month. The husband owns no property other than five shares of stock in the Elmwood Cemetery Corporation, and is indebted to the extent of approximately $5,500. It appears from the record that the wife owns sixty shares of stock in the First National Bank of Birmingham,...