Sullivan v. Sullivan

Citations

• 52 Wash. 160
• 100 P. 321
• 1909 Wash. LEXIS 1091

Syllabus

<p>Divorce — Grounds-—Cruelty—What Constitutes — Evidence — Sufficiency. Personal violence is not necessary to constitute cruel treatment as a ground for divorce, and the evidence is sufficient to warrant a decree where it appears that the husband for seven years refused to speak to his wife or children except when absolutely necessary, made unjust charges of improper conduct, insulted and humiliated her guests, and made himself so disagreeable that the wife’s life was rendered miserable and the legitimate ends and objects of matrimony had ceased to exist.</p> <p>Same — Personal Indignities — Evidence—Sufficiency. The statutory ground of “personal indignities rendering life burdensome” authorizes a divorce, although the conduct does not fall within the accepted definition of cruel treatment.</p> <p>Same — Division of Proferty — Separate and Community Peop-' erty. In granting a divorce and dividing property which the parties have been accumulating for twenty-five years, its origin and the amount of rents and profits of separate estate during that time is immaterial, where a fair division is made.</p> <p>Same — Attorney’s Pees — Allowances—Appeal—Harmless Error. The allowance of an attorney’s fee of $2,500 in a divorce case where $200,000 worth of property was divided, is not excessive and is without prejudice where the court would doubtless have increased plaintiff’s allowance had the attorney’s fee not been granted; and although under Bal. Code, § 5165, attorney’s fees are to be left to private contract, where the parties have the means to employ them.</p> <p>Costs — On Appeal — Rents Pending Appeal. Where pending appeal’ a decree of divorce dividing the property is superseded, the rents and profits pending the appeal will, on affirmance, be offset against allowances made to the respondent, in view of which interest and costs may be disallowed by the supreme court on prompt payment of the judgment by appellant.</p>