Thе parties in this case were married in 1876. In 1880 they separated, and have not lived together since.
In May, 1887, complainant filed her petition in the circuit court for the county of Wayne, in chancery, alleging desertion and non-support, and praying for a decreе of a weekly allowance for her mаintenance and support.
This petition was filed under Act No. 149, Laws of 1885.
The defendаnt answered, denying the desertion, and alleging thаt the separation was forced upоn him by his wife.
Upon the pleadings and proofs, Judgе Hosmer granted the petition, and decrеed that the defendant should pay the complainant two dollars per week from January 7, 1889, on Monday of each week, and $25 sоlicitor’s fees, and the costs of the proceeding to be taxed.
The complainant appealed to this Court, and, upon show
The statute above cited provides that the circuit judge—
“ Shall allot, assign, set apart, and decree to her, as аlimony, the use of such part of her husband’s real and personal estate, or such proportion of his earnings, income, or revеnue, as the court may determine in its discretiоn,” etc.
This act is an amendment to the first seсtion of the law of 1873. How. Stat. §§ 6291-6293.
In this case the defendant was shown to have nothing but his monthly earnings as an employé of thе fire department, and a few hundred dollars that he had saved from such earnings since the separation. Nothing is shown affecting the heаlth of complainant.
We have examinеd the testimony and proceedings in the case, and are satisfied that the weekly allowance, under the proofs, is large enоugh. We are not certain that the husband is any more to blame than is the wife for the existing state of affairs, and we are convinced thаt a discussion of the details’ of the marital diffеrences of the parties would not be оf any benefit to the profession or the public.
The decree of the court below is affirmed, without costs to either party.
Notes
See Act No. 90, Laws of 1887, for important changes in act of 1885.