Opinion
[No. 33, January Term, 1933.]
Decided March 21st, 1933.
Divorce — Cruelty — Amount of Alimony.
A divorce a mensa et thoro, in favor of the wife, on the ground of cruelty, held to have been justified by the evidence.
Alimony granted the wife at the rate of twenty dollars per month held justified, in view of evidence that, though the husband had been furloughed by the railroad company by which he had been regularly employed, and was merely doing small repair work for chance customers, at much reduced earnings, he owned a small house and lot in fee simple, had a savings account of over $300, and owned an automobile.
Failure by the husband to comply with an order, passed after entry of the appeal and transmission of the record to the appellate court, requiring him to pay the wife's costs and counsel fees on the appeal, was not ground for dismissing the appeal, the order not forming part of the case before the court.
Decided March 21st, 1933.
Appeal from the Circuit Court for Washington County, In Equity (WAGAMAN, J.).
Bill by Rachel M. Sollenberger against Reuben N. Sollenberger. From a decree for plaintiff, defendant appeals. Affirmed.
The cause was argued before BOND, C.J., PATTISON, URNER, ADKINS, OFFUTT, DIGGES, PARKE, and SLOAN, JJ.
D. Angle Wolfinger, for the appellant.
Grace R. Gerber Silverberg, for the appellee.
Unreported Cases.