Horton v. Horton
Supreme Court of Arkansas
Appeal from White Chancery Court. Jesse c. Hart, Judge. STATEMENT BY THE COURT. Mrs. Horton brought suit against her husband for divorce, alimony and custody of the minor children. Horton denied all the material allegations of the complaint, and the issues were tried before the chancellor upon the evidence adduced by the respective parties. The chancellor found that Mrs. Horton failed to sustain her charges against her husband, and denied her the divorce prayed.
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Appeal from White Chancery Court. Jesse c. Hart, Judge. STATEMENT BY THE COURT. Mrs. Horton brought suit against her husband for divorce, alimony and custody of the minor children. Horton denied all the material allegations of the complaint, and the issues were tried before the chancellor upon the evidence adduced by the respective parties. The chancellor found that Mrs. Horton failed to sustain her charges against her husband, and denied her the divorce prayed. The chancellor further found that the parties were living separate, and appeared to be irreconcilable (the mother living with her…
1Opinion of the CourtHiru, C. J.
The position of the appellant is that there could 'not be a diyision of the family into two heads or two households, and that the denial of the divorce to the wife should have included < a denial of her claim for alimony and custody of the children. 'Counsel treats the allowance of $12 per month as alimony; and if it be so deemed, then it is within the authority of the court, for an independent action for alimony, irrespective of divorce proceedings, may be sustained. Wood v. Wood, 54 Ark. 172. If treated as support for the children, it necessarily depends on the solution of the other…
2Cases cited4 opinions
- Davis v. . DavisNew York Court of Appeals · 1878
- Wood v. WoodSupreme Court of Arkansas · 1891
- Luck v. LuckCalifornia Supreme Court · 1892
- Cornelius v. CorneliusSupreme Court of Alabama · 1858
3Cited by18 opinions
- Finlay v. FinlayNew York Court of Appeals · 1925
- In Matter of BadgerSupreme Court of Missouri · 1920
- Urbach v. UrbachWyoming Supreme Court · 1937
- Sauvageau v. SauvageauIdaho Supreme Court · 1938
- Jacobs v. JacobsSupreme Court of Minnesota · 1917
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