De Witt v. De Witt, 18119
| Decision Date | 01 February 1951 |
| Docket Number | No. 18119,18119 |
| Citation | 96 N.E.2d 351,120 Ind.App. 704 |
| Parties | DE WITT v. DE WITT. |
| Court | Indiana Appellate Court |
Edgar J. Call, Dean J. Call, Gary, for appellant.
Morris Chudom, Harry Rubin, Gary, for appellee.
Appellee was granted a divorce from appellant. She was awarded alimony in the amount of $2,000, payable in $40 monthly installments, and in lieu of further alimony was awarded all of the household furniture which was in her possession.
Appellant does not question the validity of the divorce decree, but claims that the amount of alimony awarded is excessive.
The parties were married in 1924, and separated January 2, 1946. The case was tried on April 14, 1950.
The parties had one daughter, who was 19 years of age at the time of the separation, who was then and is now working and supporting herself.
There was evidence that appellant had not contributed to the support of appellee since the separation. Appellee worked in a tea room with the exception of short periods of illness and has supported herself. Her physician testified that he was treating her for high blood pressure; that she seemed to be in a state of nervous tension; and that she should do no work other than housework.
The parties had five rooms of furniture, which is in the possession of appellee, and on which appellant has just finished paying the last of the indebtedness. Appellant earns from $175 to $180 gross every two weeks, which, after various deductions, leaves him $140 to $145 net. He is carrying a life insurance certificate under his employer's group employee policy. He is also buying a 1942 automobile, upon which he owes a balance.
There was no evidence as to the value of the five rooms of household furniture owned by the parties or any part thereof, its age, condition, grade, or what the articles were. No evidence was introduced as to the value of the automobile being purchased by appellant or of his interest thereon. No evidence was presented as to the amount or value of the insurance. It is not shown if the parties had any other property.
As stated by this court and the Supreme Court on many occasions, the amount of alimony to be allowed in a divorce proceeding is a matter within the sound discretion of the trial court. The decision will not be reversed upon appeal unless an abuse of such discretion is shown. Dissette v. Dissette, 1935, 208 Ind. 567, 196 N.E. 684; Gibble v. Gibble, 1942, 111 Ind.App. 60, 40 N.E.2d 347; Adams v. Adams, 1947, 117 Ind.App. 335, 69 N.E.2d 632. But before the amount of alimony can be fixed,...
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Maxwell v. Maxwell, 19116
...and adjudicate the property rights of the parties is not sustained by sufficient evidence and is contrary to law. De Witt v. De Witt, 1951, 120 Ind.App. 704, 96 N.E.2d 351; Shula v. Shula, 1956, 235 Ind. 210, 132 N.E.2d Appellant, by an independent assignment of error, claims error in the f......
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Boshonig v. Boshonig, 270A21
...and the extent of her contribution to the property of the parties during the marriage. The appellant relies upon De Witt v. De Witt (1951), 120 Ind.App. 704, 96 N.E.2d 351, in which the trial court failed to place the value upon certain personal property of the parties. The case was reverse......
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Shula v. Shula
...property, therefore the judgment relative thereto was not sustained by sufficient evidence and is contrary to law. De Witt v. De Witt, 1951, 120 Ind.App. 704, 96 N.E.2d 351. Second: The court awarded the appellee the residence of the parties valued at $22,000, subject to an unpaid mortgage ......
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Heckman v. Heckman, 29413
...Shula v. Shula, Ind.Supp., 1956, 132 N.E.2d 612; Dissette v. Dissette, 1935, 208 Ind. 567, 196 N.E. 684; De Witt v. De Witt, 1951, 120 Ind.App. 704, 96 N.E.2d 351. That part of the judgment granting appellee a divorce from appellant and awarding her the custody of the minor child of the par......