In re Spencer

The petitioner is before me on a writ of habeas corpus. The question involved is, whether, after a divorce, the husband can be required to devote his earnings to the support of his former wife. On August 25, 1884, a decree of divorce was entered in favor of Josephine M. Spencer, and against petitioner herein, and the court further ordered the. defendant, petitioner herein, to pay to plaintiff as permanent alimony the sum of fifty dollars per month. The decree also awarded to the plaintiff the household furniture, silverware, and other property in the possession of defendant. The decree was afterward modified so as to allow the plaintiff twenty-five dollars a month, instead of fifty dollars. Petitioner paid the regular monthly allowance down to about the beginning of the year 1887. Since the latter date he has failed to pay anything, and for such failure and neglect was adjudged guilty of contempt of court, and sentenced to be confined in the county jail until he should pay the amount due his former wife under the decree and order amending the same as to alimony.

Inasmuch as it is the duty of the court in granting a decree of divorce to make such disposition of the property as is…