Fites v. Fites
Indiana Court of Appeals
From St. Joseph Superior Court; Vernon Van 'Fleet, Judge. Action by Edward Fites against Nancy Fites. Judgment for plaintiff in part, and from an order overruling his motion to modify the judgment the plaintiff appeals.
1Opinion of the CourtIbach, C. J.
In this case the court granted a divorce to appellant on the grounds “alleged in his complaint.” The grounds pleaded are “adultery with one Mike MeClanahan and divers other men”, habitual drunkenness and cruel treatment. On-granting the divorce the court decreed appellee $350 alimony, and the further sum of $175 for attorneys’ fees. Appellant is here contending that the trial court erred in overruling his motion to modify the judgment on the ground that alimony can not be decreed where a divorce is granted to the husband because of the adulterous conduct of the wife.
1. While authority is…
2Cases cited11 opinions
- Johnson v. JohnsonSupreme Court of Kansas · 1896
- Lacey v. LaceyCalifornia Supreme Court · 1895
- Davis v. DavisIndiana Supreme Court · 1895
- Wilde v. WildeNevada Supreme Court · 1866
- Newman v. NewmanIllinois Supreme Court · 1873
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3Cited by3 opinions
- O'Connor v. O'ConnorIndiana Supreme Court · 1969
- Fordice v. FordiceIndiana Court of Appeals · 1956
- Hart v. HartIndiana Court of Appeals · 1929