Hendrix v. Hendrix

Citations

• 101 Wash. 535
• 172 P. 819
• 1918 Wash. LEXIS 882

Syllabus

<p>Divorce-—Vacation op Judgment—Grounds—Excusable Neglect. A judgment for divorce cannot be vacated on the ground of excusable neglect where the evidence establishes that defendant left the state shortly before the hearing, intending not to return, and to place property in a sister state beyond the reach of the court.</p> <p>Same—Vacation op Judgment—Conditions—Discretion. It is discretionary, on application for the vacation of a judgment of divorce upon the grounds of excusable neglect, to impose the condition of defendant’s subjecting his property to the jurisdiction oi the court and such condition is reasonable where it appears that defendant left the state without complying with orders for suit money and temporary alimony, intending' not to return, and to place property in a sister state beyond reach of the court.</p> <p>Appeal—Record—Affidavits — Statement of Facts. Affidavits used upon application for suit money and alimony cannot, be considered on appeal, unless brought up by bill of exceptions or statement of facts.</p> <p>Divorce—DivisÍon of Property—Award—Findings—Sufficiency. In an action for divorce, an award of $5,250 from property of the defendant is not objectionable because there were no findings as to the resources of the plaintiff wife, or because the award was not warranted by the findings .as to defendant’s resources, where the findings showed the nonsupport of plaintiff and four minor children, and that defendant was an able-bodied man capable of earning $135 per month as a railroad man, and was possessed of $7,000 to $10,000 worth of real and personal property; as the findings are entitled to a favorable construction in view of reasonable and legitimate inferences.</p>