Desch v. Desch
Supreme Court of Colorado
Error to Logan District Court: — Hon. H. P. Burke, Judge. The parties to this proceeding were divorced at the suit of plaintiff, in error, based upon the ground of cruelty of the defendant in error. The decree awarded the sole .care, custody and control of their daughter (a minor) to the plaintiff. The decree made no provision for the support of the daughter.
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Error to Logan District Court: — Hon. H. P. Burke, Judge. The parties to this proceeding were divorced at the suit of plaintiff, in error, based upon the ground of cruelty of the defendant in error. The decree awarded the sole .care, custody and control of their daughter (a minor) to the plaintiff. The decree made no provision for the support of the daughter. Prom and after the decree she remained continuously in the custody of the mother, who paid all the expenses of her support, aided, in a measure, by contributions of the father from time to time. Plaintiff brought an action to recover…
1Opinion of the CourtJustice Gabbert
The law imposes upon the father the obligation to support his minor children to the extent that they are *81not capable of earning tbeir own livelihood. A decree of divorce at the suit of the wife, for his misconduct, which gives the custody of the children to her, but is silent as to their support, does not relieve him of this, obligation. If, in such circumstances, he refuses or neglects to support them, the mother may recover from him, in an original action, a reasonable sum for necessaries furnished by her for their support, after such decree, commensurate with Ms means and station in life.…
2Cases cited8 opinions
- Plaster v. PlasterIllinois Supreme Court · 1868
- Evans v. EvansTennessee Supreme Court · 1911
- Brown v. BrownSupreme Court of Georgia · 1909
- Zilley v. DunwiddieWisconsin Supreme Court · 1898
- Spencer v. SpencerSupreme Court of Minnesota · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Laumeier v. . LaumeierNew York Court of Appeals · 1924
- Armstrong v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1944
- People v. ElliottSupreme Court of Colorado · 1974
- State v. FrancisOregon Supreme Court · 1928
- In Re the Marriage of PriceSupreme Court of Colorado · 1986
18 more not listed; retrieve them via the Exa API.