78 Mo. App. 225 | Mo. Ct. App. | 1899
This is a suit by an abandoned wife for support and maintenance. The parties were married in tfye year 1884 and continued to live together until June, 1896, when the defendant abandoned the family home in Rich Hill, Missouri, and took up other quarters in the same city. The evidence discloses no cause for the separation — the wife, moreover, testifying that defendant had no cause whatever therefor. They had two children born of the marriage, and yet living — one a girl eleven years of age and the other a boy about ten years old., On a trial before a special judge the finding and judgment was “that the defendant had, without any cause or excuse, abandoned the plaintiff and .her two minor children, and failed and refused to provide for and support them according to his ability and their- social standing * * * that the defendant’s net monthly income is about $140; that the necessary requirements for the support of the plaintiff and children is $40 per month in cash,
From this judgment defendant has appealed.
It is claimed by defendant in this case, that, though he be chargeable with abandoning his wife, yet he supplied her and her children with support reasonably necessary to their station and his financial ability. The evidence shows that defendant left his wife with an arranged for and restricted credit of $20 a month at a grocery store, $5 a month at a meat shop, but without money. In addition to this it appears that the defendant paid something for fuel, water, cow pasture, clothing for the children, books, schooling, etc. But a close reading of the evidence clearly discloses that in many of these matters the allowances were not up to the grade of actual necessity. So much so that the abandoned wife was compelled to reduce her allowance for groceries and meat so as to get money to supply other wants of pressing necessity.
The wife, it seems, is and has been, in poor health and unable to do her own house work. But her allowance was such as to preclude the hiring of necessary help. In the meantime the defendant seems to have been rather fortunate in business and well able to do a better part by his wife and children. He is shown to be a popular and accomplished physician, in regular employment by the Eich Hill Coal & Mining Company at a good salary, besides doing a good general practice. In short, the evidence more than sustained the finding of the trial court that defendant’s net income was $140 a month. And the evidence also shows that the wife was not supplied with the ordinary and reasonable necessities of one for her station in life. This $40
There is no merit in the appeal, and the judgment will be affirmed.