59 N.W.2d 336 (Neb. 1953)
SYNOPSIS: In dissolution proceedings, defendant former husband appealed an order by the District Court for Wayne County (Nebraska), which entered an order allowing plaintiff former wife to recover maintenance, support money, and attorneys' fees. The trial court denied the husband's motion for a new trial.
FACTS: The wife brought an action against the husband for maintenance and support and the trial court entered an order in favor of the wife. The trial court then denied the husband's motion for a new trial, and the husband sought further review. On appeal, the court reversed the decision to award the wife maintenance and support and remanded the matter with instructions to dismiss the wife's suit.
The court held that a requirement for receiving maintenance was that the wife have lived separate and apart from the husband. The court found that the award of attorney's fees was erroneous because there was no legal basis for the wife's action against the husband.
OUTCOME: The court reversed the decision to award the wife support and maintenance from the husband and remanded the matter with directions to dismiss the wife's action for maintenance payments.
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