Dennis v. Dennis

District of Columbia Court of Appeals

Dennis v. Dennis

140 A.2d 180, 1958 D.C. App. LEXIS 298

CourtDistrict of Columbia Court of Appeals

DecidedApril 7, 1958

Docket2108

StatusPublished

Cited by4 cases

This text of 140 A.2d 180 (Dennis v. Dennis) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dennis v. Dennis, 140 A.2d 180, 1958 D.C. App. LEXIS 298 (D.C. 1958).

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Opinion

PER CURIAM.

The husband sued for an absolute divorce on the ground of five years’ voluntary separation. The wife answered denying the material allegations of the complaint, alleged desertion on his part, and in a cross-complaint prayed for temporary maintenance for the support of herself and the minor children who were in her custody. At the hearing on the wife’s motion for temporary maintenance it was disclosed that the husband was already under an order of the Juvenile Court to pay *181 $80 a month for the support of the wife and children. The trial court for that reason denied the motion. The wife appeals.

It is fundamental that the granting or refusing of temporary alimony or maintenance rests in the discretion of the trial court and is not to be disturbed by an appellate court except for a clear abuse. 1 We find no abuse of discretion.

Affirmed.

1

. Bates v. Bates, 79 U.S.App.D.C. 14, 141 F.2d 723; Lachowicz v. Lachowicz, 60 App.D.C. 373, 55 F.2d 535.

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PER CURIAM.

The husband sued for an absolute divorce on the ground of five years’ voluntary separation. The wife answered denying the material allegations of the complaint, alleged desertion on his part, and in a cross-complaint prayed for temporary maintenance for the support of herself and the minor children who were in her custody. At the hearing on the wife’s motion for temporary maintenance it was disclosed that the husband was already under an order of the Juvenile Court to pay *181 $80 a month for the support of the wife and children. The trial court for that reason denied the motion. The wife appeals.

It is fundamental that the granting or refusing of temporary alimony or maintenance rests in the discretion of the trial court and is not to be disturbed by an appellate court except for a clear abuse. 1 We find no abuse of discretion.

Affirmed.

1

. Bates v. Bates, 79 U.S.App.D.C. 14, 141 F.2d 723; Lachowicz v. Lachowicz, 60 App.D.C. 373, 55 F.2d 535.

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140 A.2d 180, 1958 D.C. App. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennis-v-dennis-dc-1958.

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