Attebery v. Attebery

WASSERSTROM, Judge.

Plaintiff husband brought an action for divorce against his defendant wife who filed a counterclaim alleging that during the period of separation of the parties she had expended $2,802.84 necessary for her support. Plaintiff thereafter dismissed his petition for divorce without prejudice, and the case was heard on the wife’s counterclaim for necessaries. The wife requested that the case be heard by a jury, but that request was denied by the trial court. Upon submission to the trial court sitting without a jury, the Court found that the husband had expended approximately…