136 P. 21 | Or. | 1913
delivered the opinion of the court.
Section 7040, L. O. L., says that: “It shall be lawful for any married woman to apply to the Circuit Court of the county in which she resides for an order upon her husband to provide for her support and the support of her minor children, if any, by said husband living with her.” By the next section the court is
There are no minor children of the parties involved. The learned judge who presided at the hearing made the following findings of fact, among others: “That for a number of years last past plaintiff and defendant have had serious domestic differences and disagreements, which culminated in April, 1909, in their separation, since which time they have been and still are living separate and apart from each other; the defendant paying, when the plaintiff lived at home, from month to month, plaintiff’s household expenses, consisting of groceries, meats, provisions, light, water, fuel, etc.., in the- sum of about $32 on the average per month, defendant insisting that plaintiff, from her separate income, pay all her personal expenses. That both parties were at fault for the separation, the plaintiff by her habit of constantly nagging, finding fault with defendant, and of innuendos and insinuations calculated to arouse defendant’s anger, and also orally and by written letters, charging him with lewd associations with dissolute women, and those of ill repute, and in a letter written to him as district attorney since the separation, on August 5, 1909, she uses language
It is not the purpose of this opinion to burden the reports with a rehearsal of the testimony. It is sufficient to say that it amply supports the findings quoted. The record fairly seethes with anger long pent up, and the parties seem to have made this litigation a mere pretext to vent their wrath against each other. Neither of them comes into court with clean hands as required by one of the standard maxims of equity. This court, in an opinion by Mr.- Justice Bean, in Fowler v. Fowler, 31 Or. 65 (49 Pac. 589), has thus established a rule governing such cases: “To entitle a wife living separate and apart from her husband to prevail in a proceeding under this statute, she must not only allege, but must show by competent evidence, that the separation is without her fault, and that the husband has, without just cause, neglected or refused to support her. * * The husband’s duty to support his wife is
The decree of the Circuit Court is reversed, and the proceeding dismissed, without costs or disbursements to either party.
Reversed and Dismissed : Rehearing Denied.