82 Fla. 287 | Fla. | 1921
The appellee, Irma L. Cobb began suit in the Circuit Court for Okaloosa ’County against her husband, James D. Cobb for alimony unconnected with cause of divorce under Sec. 3197 R. G. S. of 1920; Sec. 1934 Fla. Comp. Laws, 1914.
The defendant interposed a demurrer to the bill which seems not to have beep disposed of and the defepdant filed an answer denying that the complainant’s living apart from him was through his fault and denying that he failed to contribute to the maintenance of his wife. Testimony was taken by a Special Master and the court on final hearing rendered a decree against the defendant requiring him to pay to the complainant or her solicitor the sum of $15.00, as suit' money, $50.00 as temporary counsel fees, half the said sums to fie paid on June 1 and the other half
The contention that the plaintiff could not maintain the bill being a citizen or a resident of another State is not well founded. See Shrader v. Shrader, 36 Fla. 502, 18 So. 672; Miller v. Miller, 33 Fla. 453, 15 So. 222; Warren v. Warren, 73 Fla. 764, 75 So. 35. In a proceeding of this character where the marriage relation is established, the Court has power to require the husband to provide temporary alimony and suit money for his wife. See Wood v. Wood, 56 Fla. 882, 47 So. 560; Tippin v. Tippin, 60 Fla. 378, 53 So. 838.
Upon the question of the sufficiency of the evidence to support the allegations of the bill the rule is that the Chan
While the evidence in this case may not be sufficient to sustain a suit for divorce upon the grounds either of extreme cruelty or desertion yet, it is quite sufficient to sustain the allegations of the bill that the defendant’s treatment of the complaint was of such character that living with him under the circumstances alleged was precarious both to her peace of mind and health and that her living apart from him was not due to her fault. In this conclusion we think the Chancellor was justified by the evidence and to such situations the section of our statute referred to above is applicable. No error having been made to appear in the record the decree of the Chancellor is affirmed.