Benton
Benton v. Benton
Opinion
Lead Opinion
Chipman, J.
Action to recover permanent support without divorce. The court awarded plaintiff one hundred and fifty dollars per month, one hundred dollars for attorneys’ fees and fifty dollars for costs of action. Defendant appeals on the judgment-roll alone..
*396 The court found that plaintiff and defendant intermarried August 11, 1874, and are now husband and wife; plaintiff has at all times since the marriage “been to defendant a good and dutiful wife, and has ever been regardful of her marital obligations, and has never at any time given defendant any cause or provocation to treat her in any manner other than in kindness”; plaintiff is “without means, is aged and in delicate health; defendant is possessed of property of the value of fifty thousand dollars and upwards,” and is well able to supply and provide plaintiff with a support and maintenance; the court further finds that for more than a year last past defendant has treated plaintiff in a cruel and inhuman manner, setting forth the acts of cruelty, and finds “that defendant’s course of treatment during said time has been such as was calculated to, and did, inflict upon her great mental pain, suffering, and anguish, and she became…