Toomey v. Toomey

LATIMER, Justice.

The issue presented in this appeal is whether or not the court erred in granting alimony to the wife where the divorce was granted to the husband. Plaintiff and defendant had lived together as husband and wife since 1925. They reared a family of three sons, two of whom are grown. The youngest is now 11 years of age.

Appellee, Cora Belle Toomey, instituted this action seeking divorce from her husband on grounds of cruel and inhuman treatment. She also sought custody of the youngest child. By answer and counterclaim the husband, Welby Toomey, sought divorce on grounds of cruel…