134 Iowa 475 | Iowa | 1906
The petition was filed December, 1902, alleging the marriage of the parties in April of the same year, and that the defendant deserted plaintiff immediately thereafter without reasonable or just cause therefor, - and that ever since said desertion he has wholly neglected and refused to support the plaintiff or contribute anything thereto. The petition further alleges that the plaintiff has no means of supporting herself and child except by her personal earnings and that her health is such that she is not able to work, and that the defendant has property subject to execution. In September, 1903, and again in September, 1904, the plaintiff filed amendments to her petition; in the latter alleg
It is said by the appellee, however, that the courts have the inherent right to punish a failure to comply with an order for alimony whenever it shall appear that the party so ordered is contumacious. It is undoubtedly true that such has been the holding in some jurisdictions; but that question is not now before us for consideration, for here the order granting the alimony was coupled with the condition of which complaint is made, and there was absolutely no showing that the plaintiff could- not or would not comply therewith ; hence it cannot be said that the defendant was contumacious or in contempt.
The appellant contends that the order for alimony should not have been made because of the insufficiency of the showing therefor. It may be conceded that the showing is not a strong one, and yet we think there is sufficient in the pleadings and in the application for alimony to warrant the allowance, notwithstanding the denial of the defendant’s answer. As we understand the record, no specific objection was made to the application.
The order allowing alimony in the sum of $75 will stand affirmed. In all other respects, it is reversed, and the case is remanded for proceedings not inconsistent with this opinion.-— Affirmed in part and reserved in part.