29 Mo. App. 295 | Mo. Ct. App. | 1888
delivered the opinion of the court.
This action is brought by a wife against her husband for maintenance. A hearing in the circuit court resulted
The newly-married couple seem to have got along very well together during the first month, and then dissensions and difficulties sprang up. We do not think it would be a proper exercise of discretion for us to spread out in a judicial opinion the details of these unhappy differences; since there is reason to hope that they may be removed, and that this unfortunate couple may hereafter come together and live together as they ought to do. It is sufficient to say that the record impresses us with the belief that the husband was a quiet, industrious, good-natured, and kind-hearted man, devoted assiduously to the business which the death of the father left in his charge — possibly more devoted to the business than to the young wife — and very much under
On the following Wednesday the plaintiff went herself to the store kept by the defendant, with the view of finding out what he was going to do. There is considerable discrepancy as to what took place during this interview ; but it is clear that his mother and one or both of his sisters interfered, and that at least one of the sisters appealed to him “not to make up with her,” and that the mother laid hold of her with her hands covered with flour, but whether in anger or in kindness is left by the. testimony in dispute. He did not “make up with her.” He seems to have found himself between two opposing influences, and he sat down quite overcome, gave her no satisfaction, and yielded in a negative way to the members of his own family. ,
This, clearly, is not such a case as counsel for the defendant has contended for— a case of unjustifiable abandonment by a wife of the bed and board of her husband, in which case she forfeits her right of maintenance ; but it is a case where she plainly left with his consent. That he is willing to have her return does not appear. His answers on this point are evasive, to the effect that the rooms are still there. After what has taken place between her and his mother and sisters, it would scarcely be just to expect her to return and voluntarily live in the
This case seems to be governed by the princixile stated in Dwyer v. Dwyer, 26 Mo. App. 653, applicable to a state of facts where the spouses have quarreled and voluntarily separated: “ It is not doubted by any member of the court that, while a wife remains away from her husband’s domicile, with his consent, under such circumstances, he is bound in law to support her.”
As already stated, the decree of the circuit court gives the plaintiff the utmost allowance which her counsel claimed at the trial; but as no objection was
The judgment will be affirmed. It is so ordered.