Powell v. Powell

Citations

• 66 Wash. 561
• 119 P. 1119
• 1912 Wash. LEXIS 805

Syllabus

<p>Divorce — Cross-Complaint — Definiteness. Plaintiff is not entitled. to bave a cross-complaint for a divorce made more definite and certain as to the times and places at wbicb and with whom adultery was committed, where no direct charge of adultery is made, although adultery might be inferred from the facts stated.</p> <p>Divorce — Pleadings—Cross-Complaint—Residence—Jurisdiction. Where a complaint for divorce shows jurisdictional residence by the plaintiff, defendant’s cross-complaint need not allege his residence in the county, nor in the state for one year preceding the commencement of the action, in order to give jurisdiction to grant a divorce upon the cross-complaint.</p> <p>Appeal — Review—Amendments to Conform to Proob^-Divorce. Pleadings for a divorce will on appeal be deemed amended to conform to proof that the parties were residents of the county and of the state for one year preceding the commencement of the action.</p> <p>Appeal — Review—Harmless Error — Findings. Findings outside the issues in a divorce case do not vitiate a decree supported by other findings.</p> <p>Divorce — Decree—Peoperty. Where the property cannot be divided without loss, it is proper to award it to the husband, with alimony to the wife.</p> <p>Divorce — Decree—Costs—Attorney’s Fees. An attorney’s fee of $75 in a divorce ease is not unreasonably inadequate.</p>