Gibson v. Gibson

Citations

• 67 Wash. 474
• 122 P. 15
• 1912 Wash. LEXIS 1199

Syllabus

<p>Appeal — Review—Findings—Construction. Where the evidence is brought up on appeal, the findings will not be given a technical construction, but the case will be considered oñ its merits.</p> <p>Divorce — Grounds—Cruelty—Evidence—Sufficiency. A divorce on the ground of cruelty on the part of the wife is justified where it appears that she refused to cohabit with the plaintiff, was guilty of fraud and deceit in securing a marriage without intent to cohabit, and brought an unfounded charge of adultery against him.</p> <p>Divorce — Division of Property — Suit Money — Allowances—Sufficiency. Upon granting a divorce on the ground of cruelty on the part of the wife, who secured the marriage by deceit, allowances to the wife of $600 alimony, $125 suit money, and $750 attorney’s fees and costs, is an ample provision, where there was no community property and the husband, a retired farmer in comfortable circumstances, had already given her $1,000.</p> <p>Divorce — Allowance—Attorney’s Fees. On motion for a new trial in a divorce case, the court has jurisdiction to reopen the case and modify the decree by requiring payment of costs and a further allowance for attorney’s fees.</p> <p>Same — Attorney’s Fees. The allowance of attorney’s fees to the wife in a divorce case is within the sound discretion of the trial court; and no abuse is shown by the allowance of $500 additional, upon denying a motion for a new trial, the preliminary allowance having been $250.</p>