Springer v. Springer

• Decision Date: 10 January 1900
• Citation: 54 S.W. 710
• Parties: SPRINGER v. SPRINGER. [1]
• Court: Kentucky Court of Appeals

54 S.W. 710

SPRINGER v. SPRINGER. ^[1]

Court of Appeals of Kentucky.

January 10, 1900

Appeal from circuit court, Boyd county.

"Not to be officially reported."

Action by Louisa Springer against Charles Springer for alimony. Judgment for defendant, and plaintiff appeals. Affirmed.

R. C. Myers and B. F. Bennett, for appellant.

Thos. R. Brown, for appellee.

PAYNTER, J.

The appellant and appellee were married in 1890, and lived together as husband and wife until 1894. The appellant instituted this action against the appellee to recover alimony because she was compelled to leave his home without fault on her part; that her treatment was such that she could not live there. None of the witnesses for the appellant testified to any mistreatment of her by the husband. On the contrary, the testimony offered by her tends to show that he treated her kindly, and provided well for her. There is some testimony tending to show that there was some disagreement between his children and her, but for which he was in no wise responsible. Witnesses introduced by her show that he endeavored to get her to return, and live with him, but she failed to do so. She wholly failed to establish a cause of action for alimony against her husband; therefore the court did not err in dismissing her petition. Having reached this conclusion, it is unnecessary to enter into a discussion as to the effect of the provision of the antenuptial contract, which is, in the event the parties were divorced, the wife is not to have alimony.

The husband filed an answer and counterclaim, in which he sought a divorce from his wife. The lower court was of the opinion that the husband was entitled to a divorce. This action of the court we cannot review, because no appeal can be maintained from a judgment granting a divorce. The judgment is affirmed.

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Notes:

^[1] Reported by Edward W. Hines, Esq., of the Frankfort bar, and formerly state reporter.

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