Shafer v. Shafer
Nebraska Supreme Court
Appeal by defendant from a decree of tbe district court of Cass county. Tided below before Pound, J. In this case there has been no pretense that plaintiff comes within that class of litigants, living separate and apart from her husband, without an income competent for her support and the maintenance of the suit. She did not ask for alimony pendente lite. Her own testimony shows her ample estate and means of support, and ability to manage the same.
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Appeal by defendant from a decree of tbe district court of Cass county. Tided below before Pound, J. In this case there has been no pretense that plaintiff comes within that class of litigants, living separate and apart from her husband, without an income competent for her support and the maintenance of the suit. She did not ask for alimony pendente lite. Her own testimony shows her ample estate and means of support, and ability to manage the same. The true rule of tbe law seems to be, that while the courts will, as a rule, allow a defendant wife temporary alimony during the pendency of a…
1Opinion of the Court
Maxwell, Ch. J.
In January, 1877, the plaintiff commenced an action against the defendant, in the district court of Cass county, for a divorce and alimony. The defendant, in answer to the plaintiff’s petition, denies the material facts therein stated, except the marriage, and prays for a divorce on the ground of abandonment.
On the trial of the cause the court found that plain*471tiff Dorothea Shafer has failed, to sustain the allegations of her said bill, etc., “and the court does further find upon the testimony adduced that said plaintiff1 has been guilty of abandoning defendant without…
2Cited by7 opinions
- Wadsworth v. WadsworthCalifornia Supreme Court · 1889
- Phillips v. PhillipsNebraska Supreme Court · 1938
- Webber v. WebberSupreme Court of Minnesota · 1923
- Berdolt v. BerdoltNebraska Supreme Court · 1898
- Atkins v. AtkinsNebraska Supreme Court · 1882
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