Segear v. Segear

• Decision Date: 08 February 1888
• Citation: 23 Neb. 306,36 N.W. 536
• Parties: SEGEAR v. SEGEAR.
• Court: Nebraska Supreme Court

23 Neb. 306

36 N.W. 536

SEGEAR

v.SEGEAR.

Supreme Court of Nebraska.

February 8, 1888.

Syllabus by the Court.

The provisions of section 4, c. 25. Comp. St., providing for the payment of alimony, afford a just and reasonable remedy, and, except in extraordinary cases, none other will be resorted to for the enforcement of judgments or orders in cases of alimony or maintenance.

In an action for divorce by the wife on grounds of extreme cruelty and gross neglect, the judgment of the district court will be affirmed, where there is sufficient evidence to support it.

Error to district court, Holt county; TIFFANY, Judge.

Action for divorce and alimony by Lillie Segear against John Segear. Decree granted. Commitment ordered by the court upon failure to pay alimony. Defendant moved to vacate the order or to be let to bail. The motion having been overruled, he brings error.

H. M. Uttley, for plaintiff in error.

No appearance for defendant in error.

COBB, J.

This action was brought by the wife against the husband, before the district court of Holt county, under the provisions of chapter 25, Comp. St., for divorce and alimony on the grounds of extreme cruelty and gross neglect of support. The petitioner claimed alimony out of the husband's ownership of neat cattle valued at $185, and of his pre-emption and timberculture rights, under laws of the United States, in two separate quarter sections of public land, under improvement, valued at $800, his titles to which were inchoate and in elements merely. The defendant appeared and answered, denying the material allegations, and denying the ownership of personal property. Testimony was taken and preserved of record. On September 30, 1884, on the hearing of the petition, answer, and testimony, it was ordered by the court “that a separation between the parties from bed and board only be had, until the further order of the court; that the defendant pay the sum of $25 monthly, commencing October 15, 1884, for the maintenance of the plaintiff, until the further order of the court, and pay $25 counsel fees to plaintiff's attorney, to which the defendant excepted.” On May 20, 1885, the defendant having failed to comply with the order of the court, providing alimony and counsel fees, was cited to appear forthwith, and show cause why he should not be dealt with for contempt, in answer to which the defendant appeared, purged himself of contempt, and alleged that he had no property or other means to comply with the order of the court. Subsequently, on May 22, 1885, on final hearing, both parties were further examined before the court, the petitioner maintaining, and the defendant denying, his possession of property, or his ability to pay the sums of alimony and counsel fees. Divorce absolute of the parties was thereupon decreed, with costs against the defendant. On the following day of the term, May 23, 1885, on motion, and it appearing that the defendant had continuously neglected to pay the allowance of alimony, amounting to $225, the court ordered that he be committed to the jail of Holt county until he pay or satisfactorily secure the payment of that sum, and the costs, on which judgment was issued the ...