Kimble v. Kimble

The opinion of the court was delivered, by

Dunbar, J.

The question lying at the threshold of this ease is a jurisdictional one, viz., can a wife, who, without cause has been abandoned by her husband, who possesses the means to contribute to her support, maintain an action for maintenance uncoupled with, or independent of, an action for divorce. On this proposition the authorities are concededly conflicting. In some states the courts refuse to entertain jurisdiction of such a case, on the ground that alimony was at the common law only an incident to a divorce proceeding and that an independent…