Youree
Youree v. Youree
Opinion
Lead Opinion
Chipman, J.
Divorce. Judgment in favor of defendant for two hundred dollars “for personal expenses and alimony pending suit,” and one hundred dollars “for expenses of trial, taking depositions, and procuring attendance of witnesses,” and two hundred dollars “as counsel fees, and that said sums he so paid in thirty days from said tenth day of June, 1902. ’ ’ Plaintiff appeals from the judgment on bill of exceptions.
Plaintiff seeks a divorce from his wife, the defendant, on the alleged ground of desertion. Defendant denies the allegations of the complaint, and, by way of cross-complaint, herself seeks a divorce on the grounds of desertion, failure to provide the common necessaries of life, and the adultery of plaintiff. The pleadings are verified. The complaint was filed March 27, 1902, and the answer and cross-complaint filed May 23, 1902. On May 24, 1902, defendant filed an affidavit and notice of motion for alimony and expenses of suit. In her affidavit she averred that she “has no money or property whatever and is wholly dependent upon her labor and the charity of her friends for support.” In her cross-complaint, to which no answer appears, she describes certain land of which she avers…