295 N.W. 53

RUTH S. HOREISH v. JOHN H. HOREISH.[1]

No. 32,499.Supreme Court of Minnesota.
November 29, 1940.

[1] Reported in 295 N.W. 53.

Divorce — alimony — reduction.

The record does not justify reversal or modification of the trial court’s order reducing the alimony required to be paid plaintiff from $100 a month to $50 a month.

Appeal by defendant from an order of the district court for Ramsey county, Gustavus Loevinger, Judge, denying his motion for an order relieving him from the payment of past due and future instalments of alimony. Affirmed.

Frederick P. Bradford, for appellant.

O’Brien, Horn Stringer, for respondent.

PER CURIAM.

The history of domestic infelicity leading to the divorce of the parties need not encumber this opinion. The defendant, having remarried, finds it irksome to pay alimony to his former wife and seeks complete relief from so doing. Originally the court had ordered him to pay $100 per month. Under threat of contempt he paid this for some months, persistently, however, seeking a reduction. He now seeks relief on three grounds, none of which we find tenable. Plaintiff has a life certificate as a gymnasium teacher but has found no employment as such and now lives with relatives to whom she is unable to pay her board. Her inheritance from her father’s estate produces but trivial income, and the reduction of defendant’s professional and nonprofessional income does not justify interference with the present order either as to future payments or as to arrears. The appeal is wholly without merit. The respondent is allowed $150

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attorneys’ fees in this court in addition to her statutory costs and disbursements.

Order affirmed.

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