Pleasanton v. Pleasanton
Superior Court of Delaware
Action by Mary A. Pleasanton against Louis U. Pleasanton for divorce on the ground of extreme cruelty. Request by plaintiff for an order on defendant for maintenance of children. At the trial plaintiff asked the court, in case a decree nisi should be granted and the children awarded to her, to order the defendant to pay the plaintiff a reasonable sum for their maintenance.
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Action by Mary A. Pleasanton against Louis U. Pleasanton for divorce on the ground of extreme cruelty. Request by plaintiff for an order on defendant for maintenance of children. At the trial plaintiff asked the court, in case a decree nisi should be granted and the children awarded to her, to order the defendant to pay the plaintiff a reasonable sum for their maintenance. The defendant objected because the plaintiff’s petition did not contain any such request, although custody of the children was asked for, and he had, therefore, no notice that an order for their maintenance would be applied…
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
Our statute respecting divorce contains the following provision:
“ The Superior Court within any of the counties of this state is authorized and empowered in its discretion, in any cause of annulment of marriage or divorce brought before said court, and in which a decree nisi for annulment of marriage or for divorce from the bonds of matrimony or a decree for separation is entered by said court, to make such order for the distribution, care and maintenance of the children bom during the continuance pf the marriage sought to be affected by…
2Cited by1 opinion
- Young v. YoungSuperior Court of Delaware · 1922