Dodge v. Dodge

Circuit Court of the 2nd Circuit of Michigan

Decided December 17, 1869

Circuit Court of the 2nd Circuit of Michigan · decided 1869-12-17

In this case, the defendant made application to the Court, by petition, praying for a further allowance, to enable her to defend the suit, and for an order that the complainant testify orally in Court. The hill in this case, charged the wife with practicing extreme cruelty towards her husband. It was after-wards so amended as to charge adultery.

Decided 1869-12-17

¶1By the Court,

Blackman, J.

¶2The petition upon which the Court is called to act, shows that the defendant has had an allowance of fifty-five dollars. Before an order for additional means could properly be made, the petitioner should show a proper expenditure of the previous allowance, and the purpose and sums for which further allowance is necessary to be made. This, the petition does not show.

¶3The Court cannot, under Ch. Rule 99, upon the facts stated in this petition, order the complainant to testify orally, in open Court, as to his intercourse with the defendant.

¶4The application must be denied.