Legal Opinion

Read v. Read

Utah Supreme Court

Decided December 2, 1904No. 1583PublishedCited by 16 opinions

Appeal from the Third District Court, Salt Lake County, — Hon. W. C. Hall, Judge. Action for divorce.' From the part of the decree awarding alimony, the defendant appealed. The findings of fact by the trial court will not be set aside unless made clearly against the preponderance of the evidence.

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Appeal from the Third District Court, Salt Lake County, — Hon. W. C. Hall, Judge. Action for divorce.' From the part of the decree awarding alimony, the defendant appealed. The findings of fact by the trial court will not be set aside unless made clearly against the preponderance of the evidence. Henderson v. Adams, 15 Utah 30, 168 U. S. 573; McCornick v. Mangum, 20 Utah 20; Hannaman v. Karrick, 9 Utah 236; Dooly Blk. v. Transit Co., 9 Utah 31: Whitesides v. Green, 13 Utah 341; Watson v. Mayberry, 15 Utah 265; Blish v. McConick, 15 Utah 188; McKay v. Farr, 15 Utah 261; Dwyer v. Mfg. Co., 14…

1Opinion of the CourtMcCARTY, J.

The only question presented by this appeal is, did the court err in allowing respondent alimony? The awarding of alimony and fixing the amount thereof are *3011 questions, the determination of which rests within the sound discretion of the trial court; and, unless it is made to appear that there has been an abuse of discretion on the part of the court in dealing with one or both of these questions, its judgments and orders granting and fixing the alimony will not he disturbed.

2 In determining these questions, the amount of property owned by the husband, his capabilities and opportunities for…

2Cases cited1 opinion

  1. Whitmore v. HardinUtah Supreme Court · 1881

3Cited by16 opinions

  1. Myers v. MyersUtah Supreme Court · 1923
  2. Pinion v. PinionUtah Supreme Court · 1937
  3. Day v. DayIdaho Supreme Court · 1906
  4. Cody v. CodyUtah Supreme Court · 1916
  5. Dahlberg v. DahlbergUtah Supreme Court · 1930

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