Gardner v. Gardner

Michigan Supreme Court

Gardner v. Gardner

229 N.W. 441, 249 Mich. 498, 1930 Mich. LEXIS 735

CourtMichigan Supreme Court

DecidedMarch 6, 1930

DocketDocket No. 43, Calendar No. 34,593.

StatusPublished

Cited by1 cases

This text of 229 N.W. 441 (Gardner v. Gardner) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gardner v. Gardner, 229 N.W. 441, 249 Mich. 498, 1930 Mich. LEXIS 735 (Mich. 1930).

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Opinion

Potter, J.

Petition by plaintiff and appellant to modify the decree in Gardner v. Gardner, 239 Mich. 306. The circuit court modified it as to visits by the minor child to the mother (now confined in the Kalamazoo State hospital) upon proof that such visits were not conducive to the welfare of either the mother or the child. The decree of this court provided plaintiff should pay defendant the sum of $50 a month as permanent alimony until the further order of the circuit court, which sum should include the expense of maintenance of defendant at Kalamazoo State hospital. Defendant, since October 13, 1926, has been confined at the State hospital at Kalamazoo as a public charge. Petitioner has no property. Defendant has approximately $1,000 deposited in a bank, and receives $200 annually, during her disability, from an insurance company. The plaintiff had decree upon the ground of defendant’s cruelty. He was given custody and control of the minor child. Had there been no divorce decree, plaintiff would have been liable for the care, support, and maintenance of his wife at the Michigan State hospital.. The decree wall be modified so that the amount plaintiff pays shall only be the cost and expense of maintenance of defendant at the Michigan State hospital, but the amount to be paid by him shall not exceed $50 a month. The decree will be modified in accordance herewith, without costs.

Wiest, C. J., and Bittzel, Clark, McDonald, Sharpe, North, and Fead, JJ., concurred.

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Potter, J.

Petition by plaintiff and appellant to modify the decree in Gardner v. Gardner, 239 Mich. 306. The circuit court modified it as to visits by the minor child to the mother (now confined in the Kalamazoo State hospital) upon proof that such visits were not conducive to the welfare of either the mother or the child. The decree of this court provided plaintiff should pay defendant the sum of $50 a month as permanent alimony until the further order of the circuit court, which sum should include the expense of maintenance of defendant at Kalamazoo State hospital. Defendant, since October 13, 1926, has been confined at the State hospital at Kalamazoo as a public charge. Petitioner has no property. Defendant has approximately $1,000 deposited in a bank, and receives $200 annually, during her disability, from an insurance company. The plaintiff had decree upon the ground of defendant’s cruelty. He was given custody and control of the minor child. Had there been no divorce decree, plaintiff would have been liable for the care, support, and maintenance of his wife at the Michigan State hospital.. The decree wall be modified so that the amount plaintiff pays shall only be the cost and expense of maintenance of defendant at the Michigan State hospital, but the amount to be paid by him shall not exceed $50 a month. The decree will be modified in accordance herewith, without costs.

Wiest, C. J., and Bittzel, Clark, McDonald, Sharpe, North, and Fead, JJ., concurred.

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Bluebook (online)

229 N.W. 441, 249 Mich. 498, 1930 Mich. LEXIS 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-gardner-mich-1930.

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