29 Ohio C.C. (n.s.) 588 | Ohio Ct. App. | 1918
This is a proceeding in error to the court of common pleas to reverse a judgment of that court relative to alimony rendered on granting a divorce to the plaintiff. The parties to. this action were married on December 20, 1913, and the wife commenced an action for alimony alone on May 18, 1916. Thereafter the husband filed a cross-petition fop divorce, whereupon the plaintiff •filed an amended petition asking for both divorce and alimony.
The bill of exceptions discloses that the husband has no property, but is in receipt of a salary of $100 per month as a mail carrier in the city of Toledo, and that the wife is a teacher in the public schools of that city, receiving a salary of $98 per month for ten months in the year. She also has property which she received from her mother, amounting in value to about $2,300, a part of which is now in. cash and the remainder represented by a mortgage held by her. Each of the parties is about 40 years of age and apparently in good health. They have no children. Under these circumstances it is contended that the court erred in refusing to award to her a substantial sum by way of alimony, and it is insisted that the language of the statute is mandatory and requires the allowance of alimony. The right of the plaintiff to alimony is controlled by Sections 11990 and 11991, General Code. The first section requires, when a divorce is granted because of the husband’s ag
The trial judge in determining whether an allowance of permanent alimony should be made, manifestly considered all the facts and circumstances disclosed by the record, the duty to consider which is imposed upon him by statute. Considering the age and health of the parties, the fact of the salary received by each, and that the husband had no property, while the wife had the amount shown by the record, we cannot see that the judgment is so
Finding no reversible error the judgment will be affirmed.
Judgment affirmed.