Opinion
03-11-1903
DOWNING v. DOWNING.
J. E. Lanning, for petitioner. S. A. Patterson, for defendant.
Bill for divorce by Ida M. Downing against Joseph M. Downing. On application to settle permanent alimony. Application granted.
J. E. Lanning, for petitioner.
S. A. Patterson, for defendant.
EMERY, V. C. Defendant has no property, hut he has ability to work and earn an income, and has always since his marriage earned enough to support himself and his wife and child. Of late years (since 1899) he has been earning, at first $75 a month, since reduced to $60 a month, owing to causes which seem to be temporary. His occupation has been as assistant in managing summer hotels, with a woman who advertises his name as a partner, in order to aid her business, as she says; and, in addition to the salary above mentioned, he receives his board during the summer or hotel months, while employed at the hotel. This should be worth at least $20 a month more for five months in the year, making his total income from his personal labor $820 to $1,000 a year. Under his present circumstances appearing from the evidence, I must make these figures the basis from which to estimate the permanent alimony. He should pay $30 a month as the alimony for the wife, and $10 a month for the maintenance of the child; together, $40 a month. Security in the sum of $1,000 must be given for the payment. The amount will run from the date of application for increase of the temporary alimony from $32.50 per month. Complainant's counsel is allowed an additional counsel fee of $35; making $75, in all, for his services as counsel.