Smith v. Smith

Divorce—Alimony—Community Property—Compromise with Guardian of Insane Wife—Discontinuance of Alimony for Inability —Discretion.—Where a husband was divorced from his wife and obtained the community property, and was ordered to pay alimony for the support of the wife, and it appeared that she had been adjudged insane before the summons was served, and a guardian appointed for her sued to vacate the judgment on that ground, whereupon the suit was compromised with approval of the court appointing the guardian, and' dismissed, upon payment to her of one half of the proceeds of the community property, she still reserving the claim for alimony, there was no abuse of discretion in a subsequent order setting aside the allowance of alimony where, in view of the circumstances of the plaintiff, as shown by his uncontrádicted affidavits, he was unable to pay the same.

Id.—Exception in Compromise of Claims for Alimony.—The exception in the compromise of the claim for alimony only evinced an intention to reserve that claim, and left the question of its validity or invalidity unaffected; and it cannot preclude the discontinuance of it for inability of the divorced husband to pay it.