Hector v. Hector

Citations

• 51 Wash. 434
• 99 P. 13
• 1909 Wash. LEXIS 1206

Syllabus

<p>Appeal — Review — Findings — Formality — Exceptions—Necessity. A decree in an equitable action which recites all the material facts, without any findings of fact having been made, has the force and effect of formal findings, which must be excepted to in order to secure a review of the evidence on appeal.</p> <p>Same. The sufficiency of findings ■ to sustain the judgment may be challenged without any exceptions to the findings, failure to except not being ground for dismissal of the appeal.</p> <p>Parent and Child — Support of Children — After Divorce — Contribution. Bal. Code, § 4508, providing that expenses of the family and education of the children are chargeable upon the property of both husband and wife, raises a joint and several obligation therefor; and a divorced wife, who thereafter maintained a child awarded to her without provision for its support, is entitled only to contribution from the husband, and cannot recover from him the whole of the sums expended by her.</p> <p>Same — Costs—Attorney’s Fees. In an action by a divorced wife to recover from the husband the expense of maintaining a child and for future allowances therefor, attorney’s fees are not recoverable except such as are taxable as costs under general laws.</p> <p>Same — Future Allowances — Contribution to Support — Equalization. In an action by a divorced wife for future allowances for the support of a child awarded to her by the decree without provision for support, the court does not possess the discretion exercised in granting a divorce, but both parties must contribute equally if able, and otherwise the burden must be equalized as nearly as may be.</p> <p>Divorce — Decree—Support of Children. In the decree of divorce, provision should be made for the support of the children, to the end that there may be an end to the litigation.</p> <p>Costs — On Appeal. In litigation between divorced parties in the interest of a child and to provide for its support, the court may direct that no costs