Schonborn v. Schonborn

Citations

• 27 Wash. 421
• 67 P. 987
• 1902 Wash. LEXIS 408

Syllabus

<p>HUSBAND AND WIFE — ACTION FOB MAINTENANCE-ABANDONMENT -SUFFICIENCY OF COMPLAINT.</p> <p>In an action for separate maintenance, tbe allegation in tbe complaint of abandonment of tbe wife by tbe busband is sufficient, when it states that the defendant several months prior to tbe commencement of tbe action, without cause or provocation, left the plaintiff, and has ever since and still does refuse to live and cohabit with her, and maintains that he will never live with or support her.</p> <p>SAME-LENGTH OF ABANDONMENT.</p> <p>The abandonment upon which an action for separate maintenance is based, need not have continued for the period of one year nor for any other fixed time in order to warrant the action.</p> <p>SAME-REFUSAL TO SUPPORT-EVIDENCE.</p> <p>In an action by the wife for separate maintenance, the evidence is insufficient to establish- the failure of the husband to support her, when there was no evidence of neglect to furnish support, or express refusal so to do, or that the wife was left in want of any necessary and usual requirement of one in her position in life, and the only facts shown tending to establish plaintiff’s case were that the husband refused to live with his wife, wanted her to get a divorce and refused to allow her to contract for groceries on his credit, while the evidence shows that even after abandonment he gave her a sum of money amply sufficient for her present needs, and there was nothing to show that he did not intend to continue her a periodical allowance.</p>