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143 Ark. 388

Savage v. Savage

Supreme Court of Arkansas

Decided April 12, 1920

Supreme Court of Arkansas · decided 1920-04-12

V. Bourlcmd, Chancellor; STATEMENT OF FACTS. This is an independent suit for alimony brought by the wife against the husband. She also asks for the custody of their daughter, nearly fourteen years of age. The court granted her the custody of their infant daughter and also awarded her alimony in the sum of $25 monthly to continue for four months from the date of the decree. The husband has appealed. 1.

Relies on Wood v. Wood · Siloam Springs v. Broyles

Good law ✅— No negative treatment on recordhow we know

affirmed · Decided 1920-04-12

How this case has been cited

Cited by 8 later decisions — most recently March 1985

8 state decisions

201920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hart, J.

¶1(after stating the facts). An independent action for alimony will lie in this State. Wood v. Wood, 54 Ark. 172.

¶2Counsel for appellee has moved to affirm the decree because appellant has failed to abstract the evidence as required by the rules of this court. The correctness of the decision of the chancery court depends upon the evidence which was introduced before it.

¶3Counsel for appellant has fully abstracted the testimony of the husband but has only stated the effect upon his mind of the testimony of the wife. This is not sufficient. We are not called upon to explore the transcript to see what the testimony of the wife was. It was the duty of appellant to set out an abridgment of the wife’s testimony in his abstract and brief so that the court might form its own conclusion as to the effect of it. It was not sufficient for counsel to set out what he conceived to be the effect of her testimony. The conclusion of the court below on the facts testified to by the wife differs from the conclusion of the counsel here and it was the duty of counsel for appellant in his abstract of the facts to show that the court was in error by a succinct statement of the facts themselves rather than by his opinion of what the facts did show, and, not having done so, the presumption is that the decree was correct. Siloam Springs v. Broyles, 87 Ark. 202.

¶4Therefore, the decree will be affirmed.

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