156 S.E. 105 | W. Va. | 1930
By a former decision (Dayton v. Dayton,
The divorce commissioner reported that the husband is the owner of bonds worth $1,000.00 and has $1,100.00 on savings deposit. His realty consisted of one building lot in Beaumont Addition worth $10.00, a double house and two lots, worth $1,600.00, and a half interest in the home place, which, since the institution of these proceedings, has been sold to the wife, together with a cow and household goods, for $1,800.00. Defendant's income consisting of his salary and rentals from the double house, amounts to $200.00 a month, while his monthly expenditures average about $100.00. According to defendant, during the period of cohabitation, he gave plaintiff about $50.00 a month. The wife sold chickens and dairy products, and out of the moneys she received therefrom and that paid her by her sons for board she accumulated a sufficient amount to purchase a lot for $300.00 and a half interest in an automobile which cost $1,000.00. It is not shown where she got the money with which to buy defendant's interest in the home place. Defendant states that his wife has an income, exclusive of alimony, of $8.00 a month for pasture rental and $120.00 a month for boarding her two sons and another person.
The amount of alimony decreed, which is always within the judicial discretion of the chancellor, should be in just proportion to the husband's earning capacity and income from accumulated property; and, ordinarily, the wife's estate and capacity to earn money, where the husband's income is ample *761
to make provisions for her, are not to be considered.Kittle v. Kittle,
The remaining point of error is that the court allowed a credit of $113.50 against the allowance of $25.00 per month of alimony. This point is closely allied with the question of the amount of alimony to be given to the wife, which, as above stated, is always in the sound discretion of the chancellor. It appears that when the wife was first refused a divorce a mensa
she desired to appeal, and petitioned the chancellor for an allowance of money to prosecute her appeal, and was allowed $175.00 for that purpose, which the husband paid. She was successful in her appeal (Dayton v. Dayton,
Affirmed.