Mose v. Mose

This is an appeal from the part of a divorce decree awarding the plaintiff, Sylverine Mose, permanent alimony of $100 per month from defendant, Murphy Mose. Alimony was not requested in the complaint, nor emphasized in the testimony, which was limited to that of the parties. Alimony was first asserted by plaintiff’s counsel in the closing statement.

The parties were married on December 15, 1945. At the time of the divorce, plaintiff and defendant were age 40 and 44 years, respectively. They had eight children during the marriage, five of whom were still dependent. The children ranged in age…