The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-26

JUDGE MULLEN RENDERS ms Dr.
CISION ~ THE CISE.
The Husband Must Pay Alimony Accord
ing to His Ability and the Mother
MAY see Ter Child.

PETERSBURG. VA, April J.-speclAi'
Judge j. NJ Mullen. OF the corporation
Court. to-day rendered his opinion on
the question OF alimony in the divorce
suit OF s. Is. Collier US. Willie j.. Golfer
which was argued before him some gay
ago. Both OF the parties are highly con-
nected here and are well-moWn In Rich
m0nA. Judge Mullen in his opinion
says:
This is a suit for Divorce a vincule ON
tie ground Of adultery, in which the nus
band Is the complainant. The defend
ant answers under oath. denying the
charges and, for further defence, alleges
coudonatlon and adultery of her husband.
AS no this recriminat0ry defence She asks
that her answer be- treated as "a cross
bill, and prays for divorce a viucu.0. etc.
Upon the filing Of her answer, she moves
the court for alimony pendente lite, suit
money, and access 20 her infant child,
q daughter between the ages of eight and
nine years. due notice OF such motion
having been previously given.
APPLICATION FOR ALIMONY.
To this application for alimony and
suit. money, the husband replies. that DEE
has no property, has no regular employ
ment and no present pr0secl of getting
any. but has during the past four months
managed 10 make about $50 per month
by selling merchandise on commission, as
a Droker about One-haif of which he uses
In taking care Of HIS daughter aud
the remainder Is absolutely required.
and not sufficient for his necessary per-
sonal needs.
The statute, Code. sec. 22u. provides
tnat the court or judge. "may at any
uine pending the suit IN the discretion
d
,nat may be proper 90 compel the man
70 pay any sums necessary for the maine
'ehahce or the woman and TO enable her
10 carry On tho suit"
THE HUSBANDS DUTY.
Judge Mullen then cites a number OF
pIecedents and says.
IL is the duty Of the husband 10 provide
Tor inc maintenance Of the wife So loD.
az lhe marital relation exists. III that
relation has been disturbed so ms d.,
lr,eiller II improper for tho time being TO
ANe together, his duty 10 support her
remains until it is shown by a proDer
proceeding that she is the onendip..
party. IT, pending the separation. d.,
husband sues for a divorce. the oblipa.
'ioh 10 care for her is supplemented with
the further obligation 10 provide her with
the means 10 resist IN good faith this
ehort on his part 20 sunder the nuptlai
ties.
In this connection It only remains FOR
the Court 10 fix the amount the plaintiff
must provide for the defendant for the
siPose under consideration. In view
OF the fact that he has no property. .hat
MS present ability 20 earn money Is verv
limited, and that upon her devolves the
care and maintenance OF the fnfanf
daughter, IT should not be expected thar
the Court VIII order the payment OF q
SUM Tor counsel fees and other expenses
incident 10 the defence Commensurate
win the Importance Of the litigation and
value or the legal services it NAV ana
apparently will be necessary 10 render
nor would the Court be justified. an vies, !
OF the circumstances. in recurring the
piaihln 10 furnish the defendant a suf- /
Dclo'll sum 10 maintain her In the posi- |
uon heretofore occupied by her.
no Court u impeled by the necessities I
on the case 10 do what II shall deem besf. |
whi.e II does not forget that the plaintiff /
by his own showing. was enabled 10 pro I
vlde Tor his wife and children. while the |
lanlly was united, "a comfortable home /
Win al necessdries OF life and some of 4
me Injuries by means Of employment I
-ufAlshed MIN by relatives, which em-
Payment he has recently lost by no
iault OF his. but on account OF mental
disorders and lnhrmities not claimed now
10 exist. the Court also remembers that
The defendant has not in her need been
without friends and relatives 90 lend her
4 helping hand.
The good offices OF their respective
friends and relatives may enable ne huf-
band 10 secure better empiorm an4
thereby increase his ability fo fhr
demands made upon him. and tle vic
70 supplement tho insufiiclency OF the
provision made for her, that she may live
With some degree OF comfort. pending this
The Court will suspend further proceed
mrs In this cause until the plaintif has