191 Iowa 8 | Iowa | 1920
We are fairly well satisfied that $23,000‘quite fairly represents what the defendant is worth. He stands ordered to pay $6,000 in cash; also, some three hundred and sixty odd dollars for expenditures made before trial for the support of the children, and $250 upon a note for $500, signed by himself and his wife. On considering ability to pay alimony, the trial court is vested with some discretion, and we are unwilling to interfere with the allowance on the ground that it is not responsive to the wealth of the defendant.
III. As to the relative state of health of the parties, there is a claim the husband is not physically well; but there is no evi: dence to support the claim. There is evidence that the wife, through an assault by her husband, suffered an injury to the coccyx; and we are satisfied that this injury will, to some extent at least, interfere with her earning abilities. But, on consideration of all the evidence upon this point, we do not feel warranted in disturbing the order below on the ground of the physical condition of the wife.
The cause is remanded for action in harmony' with this opinion. The appellee will pay the costs in this court, and the sum of $100 to the attorneys of the appellant. — Modified and affirmed.