Opinion
12-02-1896
SYMINGTON v. SYMINGTON.
Samuel E. Ayers, for complainant. W. D. Wolfskeil, for defendant.
Bill for alimony and maintenance brought by Bessie Symington against James Symington, Jr. Dismissed.
Samuel E. Ayers, for complainant.
W. D. Wolfskeil, for defendant.
REED, V. C. As I understand the testimony, the husband was paying the wife three dollars a week for her support previous to the time of the filing of the bill by the wife in this suit. In respect to the failure of the parties to cohabit as husband and wife, it is difficult to say who is most in fault. The couple seems to have been ill assorted in their marriage relations; and, in fixing the amount of support which the wife is entitled to, a court always takes into consideration the conduct of the wife, as well as that of the husband. In this case the invitation to the wife to live at Bayonne, by the husband, was, I think, for the purpose of evading the payment of additional separate support; and her visit to Bayonne does not impress me as one made with the idea of making her permanent home with her husband. In view of all the facts, I shall dismiss the bill, without prejudice to renew the application in case the husband refuses to pay the sum of three dollars a week, which he has heretofore paid.