Ellsworth v. Ellsworth

Plaintiff and defendant were married in November, 1920. At the time of the trial in October, 1933, plaintiff was 36 years of age and the defendant 35, so that the parties were respectively about 24 and 23 years of age at the time of their marriage. With the exception of a short interval,. they lived together until 1933. They had no children. At the conclusion of the trial in the lower court, plaintiff was granted a decree of absolute divorce, and a judgment for alimony in the sum of $40 per month for a period of five years.

The insufficiency of the evidence in support of the decree for a…