Smith v. Smith

Plaintiff is the wife of defendant. She began this action July 5, 1893, to enforce from him permanent maintenance of herself and their minor child, a boy then near fourteen years of age; alleging in her complaint that defendant willfully deserted her on May 18, 1892; that he receives a salary of three hundred dollars per month; and that he usually paid her one hundred and fifty dollars per month for the support of herself and said child until May 31, 1893, when he refused to make further payments. Defendant by his answer admitted his salary to be two hundred and seventy-five dollars per month; he charged plaintiff with certain misconduct, but at the trial admitted .“for the purpose of this case only” the desertion alleged by her. The court made an order for plaintiff’s alimony pending the suit, and by its decree rendered after trial, *270 January 3, 1894, required defendant to pay to her each month, until otherwise ordered, one hundred dollars “for her individual support and maintenance, and forty dollars for the support and maintenance of” said minor, who had elected to remain in his mother’s custody. On March 7, 1894, both parties being before the court, an order was made…