Ward v. Goodrich

• Decision Date: 02 October 1905
• Citation: 82 P. 701,34 Colo. 369
• Parties: WARD v. GOODRICH.
• Court: Colorado Supreme Court

82 P. 701

34 Colo. 369

WARD v. GOODRICH.

Supreme Court of Colorado

October 2, 1905

Appeal from District Court, Arapahoe County; Owen E. Le Fevre Judge.

Action by Ella D. Goodrich against Calvin T. Ward. From a judgment for plaintiff, defendant appeals. Affirmed.

H. W. Spangler, for appellant.

Laws &amp Freeman, for appellee.

GODDARD J.

The facts pertinent to a decision of this case are in brief as follows: On January 10, A. D. 1893, Calvin T. Ward, the appellant, commenced an action for divorce in the county court of Arapahoe county against Ella D. Ward, now Ella D Goodrich, appellee, upon the ground of extreme cruelty. The appellee filed an answer containing countercharges, and asked for alimony, counsel fees, and an allowance for the support of Sidney Athol Ward, the child of the parties, then two years of age. While this action was pending, and on the 17th day of June, A. D. 1893, the appellee commenced an action against appellant in the district court for the support and maintenance of herself and the child. In this action she obtained a writ of ne exeat against appellant and also obtained an order requiring him to pay her $8 weekly for the support of herself and child pending the suit. On the 19th of September, 1893, the parties entered into a written agreement reciting the foregoing facts, and providing, inter alia, that appellant should pay to the appellee the sum of $200 in cash, and also pay and allow her the sum of $2.50 per week, payable monthly, for the support of the child until further order of the court, or until he should arrive at the age of 15 years, and in consideration of such payments the appellant should be released and discharged from all of said orders for alimony and support of the child, and the writ of ne exeat should be vacated and discharged, and from all claims and demands that the appellee might have upon him by reason of their marriage, and from all claims for permanent or other alimony, and for the support of the child, other than that specified in the agreement; and it was further expressly provided that this agreement should in no way abridge, modify, or suspend any rights which said parties might have to a divorce in either of said courts, or affect the proceedings in said county court action for divorce, or any right or defense which the appellee might have against the appellant in that action. In pursuance of this agreement all orders against appellant above mentioned were vacated and afterwards, and on the 14th day of October, A. D. 1893, a decree of divorce was granted in favor of the appellant and the custody of the child awarded to him. Upon the signing of the agreement appellant paid appellee the $200 cash, and permitted the child to remain in appellee's custody, and continued the payment of the monthly installments for the support of the child, as provided in said agreement, until February 1, A. D. 1896. Since that time he has failed, neglected, and refused to pay said allowance. On September 8, 1898, appellee brought this action in the county court to recover the sum of $465, the amount of such installments then due under the terms of the agreement. On June 5, 1900, judgment was rendered in the county court in favor of the appellee for $465 and costs. From this judgment appellant prosecuted an appeal to the district court. On March 13, 1901, the case was tried to the court. The only evidence introduced was this contract and the testimony of Mrs. Goodrich to the effect that the child was living and had been in her care...