HERBERT J. WILL, APPELLANT,
v.
ALMEDA WILL, APPELLEE
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This case involves an appeal from a divorce decree where the husband, the plaintiff below, appealed the dismissal of his divorce complaint and the award of separate maintenance to his wife. The appellate court affirmed the lower court's decision, finding substantial evidence to support it.
The appellate court held that the trial court had substantial evidence to support its decision to dismiss the husband's complaint and award separate maintenance to the wife.
“The complaint for divorce against the defendant alleged extreme cruelty. The defendant answered and counterclaimed for separate maintenance.”
Describes the initial pleadings and claims in the case.
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Herbert J. Will, who was the plaintiff below, appealed from a lower court decree dismissing his divorce complaint with prejudice and awarding Almeda Will, who was defendant below, appellee here, $25.00 per week for her separate maintenance.
The complaint for divorce against the defendant alleged extreme cruelty. The defendant answered and counterclaimed for separate maintenance. Her counterclaim did not specifically allege a ground for divorce, but alleged facts which caused “great mental anguish” and “mental distress.” After a hearing on the merits, the chancellor dismissed the complaint with prejudice and ordered the plaintiff to pay the defendant $25 per week permanent alimony for her separate maintenance.
We have read the record of the trial proceedings and the briefs of the parties and find that the able trial judge had substantial evidence upon which to base his decision.
Finding no error, we affirm.
Affirmed.
ALLEN, C. J., and SMITH and ANDREWS, JJ., concur.