Trimble v. Trimble

Citations

• 97 Va. 217
• 33 S.E. 531
• 1899 Va. LEXIS 29

Syllabus

<p>1. Marriage and Divorce—Cruelty—Reasonable Apprehension of Bodily Burt.—The specifications of cruelty and reasonable apprehension of bodily hurt charged in the bill state a good case for a divorce from bed and board, and, having been sustained by proof, there is no error in the decree granting such divorce.</p> <p>2. Marriage and Divorce—Custody of Infant.—On decreeing a divorce the mother is the proper custodian of an infant of seven months old.</p> <p>3. Alimony—Fixing Amount—Subsequent Increase or Decrease.—Before fixing the amount of alimony to be paid by a husband for the support of his wife and infant child the court should ascertain the value of his property and the extent of his income, but, although this was not accurately done in the case in judgment, the allowance of six dollars per month will not be disturbed. If necessary to increase or diminish the amount in the future it may be done under the provisions of section 2263 of the Code.</p> <p>4. Alimony—Charge on Land—Injunction Against Alienation or Encumbrance.—Sums decreed to be paid as alimony should be charged upon the lands of the husband, but it is error to enjoin him from disposing of or encumbering his real estate, unless the facts of the particular case show it to be necessary or proper.</p>