Muse v. . Muse

84 N.C. 35

• Court: Supreme Court of North Carolina
• Decided: January 5, 1881
• Status: Published

Opinion

EufpI'N, J.

We see no error iti the order complained of) and certainly none for the reason assigned. Why inquire' into his property and its value, when he admits he has-none ?•

A husband is not excused from the maintenance .of bis wife because be lacks an -estate. He must labor if need be for her support.; and if reluctant, it is fortunate that it happens, as in this instance, that he may be compelled to do so.

If His Honor ¡had fixed the -wife’s allowance at such ;a sum as to leave .any doubt-as to the .ability of the plaintiff rfairly to earn the amount,..and.at the same time provide for bis own necessities, it could be seen that some good could ■come-of an inquiry into his ability to .work.and the probable amount of his earnings. But as-the court adopted the ■very minimum that “ an .able bodied man"’ can earn, ten •cents a day, there .can be no error of which the plaintiff can .complain, however his wife might.

No error. Affirmed.