188 Iowa 490 | Iowa | 1920
The parties to this suit were married April 4, 1900, at Camden, New Jersey, and resided together in the city of Washington until September, 1906, when
Tbe sole question presented for review is an order made by tbe court below on June 25, 1919, allowing defendant an additional sum as temporary alimony. An allowance was made and paid in tbe suit brought by tbe wife in 1917 in tbe sum of $500. On January 2, 1919, tbe court in this action allowed and ordered plaintiff to pay to tbe clerk of the district court $400, $200 of which was to be paid to defendant’s attorneys for suit money, $100 for her support, and $100 for attorney fees. This sum was promptly paid, and duly receipted for to tbe court. Tbe order appealed from was tbe one entered June 25, 1919, and directed plaintiff to pay to tbe clerk immediately $150 for defendant’s support, and $50 per month, commencing June 1st, until tbe trial was bad therefor, together with the further sum of $400 attorney fees.
From the foregoing statement, it will be observed that plaintiff has already, in' tbe two suits, paid $900, and by tbe order of May 22d, is required to pay $550 at once,
Defendant states, in her affidavit in support of her application for an additional allowance, that she is in ill health, and out of employment; that her income is wholly inadequate for her support and to enable her to present her defense; and that plaintiff is worth from $45,000 to $60,-000. Other affidavits tend to corroborate her claim, particularly as to her physical condition. Plaintiff recites, in his affidavit, filed in resistance to defendant’s application, that he owns 119 acres of land; that he is heavily in debt; that his income is insufficient to pay his expenses, taxes, etc.; and that defendant is the owner of property in the city of Washington, worth from $12,000 to $15,000, from which she received a monthly income in excess of $100. An affidavit, signed by the janitor of the apartment in which defendant resides, stating that she is apparently in good health, accompanies plaintiff’s showing in resistance to the application. Plaintiff states in his affidavit that he is now, and always has been, willing to support defendant in his own home; that he has frequently solicited her to come to Iowa and reside with him, but that she has steadily refused to do so. Defendant, however, says that plaintiff at all times claimed that he did not have a suitable place in which to receive her, or in which to live; that he at no time offered to send her money to pay the expenses of a trip to Iowa; and that she has always been willing to live with him, under proper circumstances.
It appears without dispute that the action brought by defendant in 1917 was tried, and that, before a decree was entered, she voluntarily dismissed her petition, stating in open court that she would never live with plaintiff. She brought no witnesses from Washington, nor were depositions used in the trial of that case.
The situation of the parties has not so changed since
The allowance in the former trial was substantia], and should have enabled her to present her case properly to the court. So far as appears, she offered all the evidence she desired at that time, and voluntarily dismissed her case. The parties have not since resided together.
Plaintiff cannot dispose of his land, so as to defeat the ' collection of judgment for alimony, if an order, upon final-hearing, is entered. A proper allowance can then be made for attorney fees.
We reach the conclusion that the order appealed from should be set aside and canceled. The order and judgment of the court below is, therefore, — -Reversed.