Smith v. Smith
| Decision Date | 21 June 1899 |
| Docket Number | 11,641 - (186) |
| Citation | 79 N.W. 648,77 Minn. 67 |
| Parties | MARY H. SMITH v. ALBION B. SMITH |
| Court | Minnesota Supreme Court |
Petition in the district court for Ramsey county by defendant in an action in which judgment of separation from bed and board had been rendered, whereby defendant had also been adjudged to pay to plaintiff $12 per month for her support and maintenance. The petition prayed for modification of the judgment so that petitioner be released from further payments. The matter was heard before Jaggard, J., who made findings of fact and conclusions of law, and ordered that judgment be entered in modification of the former judgment as prayed, and for recovery by plaintiff of $100 on account of payments due her, with $25 attorney's fees. From this order plaintiff appealed. Affirmed.
Payment of Alimony -- Modification of Decree.
An application for a modification of a decree entered in proceedings under G.S. 1894, § 4814, should not be granted unless it is apparent that the changed circumstances of the parties make it necessary. If, because of such circumstances, it is unjust and inequitable that the wife should have further allowance, it is reasonable and proper for the court to absolve the husband from further payments.
Payment of Alimony.
Held that, on the facts shown in this case, the lower court was warranted in relieving the defendant husband from further monthly payments to the plaintiff wife.
Stevens O'Brien, Cole & Albrecht, for appellant.
John L. Townley, for respondent.
After four years of married life, defendant, in 1879, abandoned the plaintiff. After this, and for several years prior to 1886 he furnished her with money at the rate of $20 per month with which to fit herself for teaching. In 1888 she commenced proceedings to secure a decree of separation from bed and board, in accordance with the provisions of G.S. 1894, § 4814. A decree of this kind was entered September 29, 1888; and a provision thereof was that he should pay for her support, and until the further order of the court, the sum of $12 each month. Under this he had paid to her, out of his earnings, and up to the day he filed his petition asking that he be relieved of further payments, about $1,400. Since the separation she has been employed in the public schools as a teacher, earning from $58 to $65 per month for 10 months in each year. She has acquired a modest home, and a small property besides, which she is able to rent. She is now, according to the findings, about 44 years of age, without children, in good health, and able to support and maintain herself without further assistance. He is now nearly 62 years of age, and is, and for more than 30 years last past has been, a locomotive engineer by occupation. He is not well or strong, and, on account of his age and health, cannot long continue to occupy his...
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