Smith v. Smith

THOMAS, Justice.

The petitioner, Rosa Smith, filed a complaint in the Circuit Court of Dade County seeking separate maintenance and related relief. She alleged that during the preceding year the respondent, her husband, had made a gift to her of a savings account of $6000, and had delivered to her the pass book. She averred that late in that year he had withdrawn the money from the account without presenting the book, by the device of furnishing the bank an affidavit that it had been lost or misplaced, he well knowing, so it was charged that she had the book as he, himself, had delivered it to…