Earle v. Earle
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Wakeley, J. The wife has a legal right to support from the husband. (Schouler, Husband and Wife, sec. 66.) Failure to support is a wrong for which there should be a remedy. Courts of equity have taken jurisdiction to decree alimony independent of a suit for divorce. (Butler v. Butler, 4 Litt.
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Error to the district court for Douglas county. Tried below before Wakeley, J. The wife has a legal right to support from the husband. (Schouler, Husband and Wife, sec. 66.) Failure to support is a wrong for which there should be a remedy. Courts of equity have taken jurisdiction to decree alimony independent of a suit for divorce. (Butler v. Butler, 4 Litt. (Ky.), 202; Galland v. Gcdland, 38 Cal., 265; Graves v. Graves, 36 la., 310; Garland v. Garland, 50 Miss., 694. See also Glover v. Glover, 16 Ala., 440; Rhame v. Rhame, 1 McCord Ch. (S. C.), 197; Purcell v. Purcell, 4 Hen. & Mun. (Va.),…
1Opinion of the Court
Reese, Ch. J.
This action was instituted in the district court of Douglas county, by the wife against the husband for maintenance and support, but without a prayer for divorce. It was alleged in the petition, substantially, that plaintiff and defendant were married on the 15th day of May, 1871; that the issue of the said marriage was one child, born in July, 1879; that on or about the 1st day of January, of that year, defendant sent plaintiff away from him and has ever since refused to permit her to return, contributing to her support and maintenance separate and apart from himself; that in…
2Cases cited4 opinions
- Galland v. GallandCalifornia Supreme Court · 1869
- Graves v. GravesSupreme Court of Iowa · 1873
- Glover v. GloverSupreme Court of Alabama · 1849
- Garland v. GarlandMississippi Supreme Court · 1874
3Cited by30 opinions
- In re DoleHawaii Supreme Court · 1903
- Wassung v. WassungNebraska Supreme Court · 1939
- Cochran v. CochranNebraska Supreme Court · 1894
- Scott v. ScottNebraska Supreme Court · 1951
- Rhoades v. RhoadesNebraska Supreme Court · 1907
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