Muse v. . Muse ( 1881 )

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.