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Napier v. Napier
Citations: 1963 Ark. LEXIS 508; 237 Ark. 159; 371 S.W.2d 841Docket: 5-3071
Court: Supreme Court of Arkansas; November 4, 1963; Arkansas; State Supreme Court
An appeal was filed by Guy Napier against the dismissal of his divorce complaint by the Perry Chancery Court. Guy and Mary Napier were married on September 27, 1960, and had one child born on June 12, 1961. After separating in June 1962, Guy claimed residency in Perry County while Mary remained in Baxter County. He filed for divorce on November 16, 1962, alleging mistreatment by Mary and sought to determine property interests and custody matters. Mary admitted to the marriage and child's existence but denied Guy's allegations, asserting that he deserted her and their child without support. She countered with a request for child support and attorney fees. A hearing on temporary support resulted in an order for Guy to pay $25 weekly for child support and $50 for attorney fees. At the trial on February 5, 1963, the Chancellor found insufficient evidence for divorce, dismissing Guy's complaint and ordering continued child support along with an additional $100 attorney fee for Mary. Guy appealed, arguing that the evidence supported his claims of personal indignities warranting a divorce. The court, having reviewed the conflicting testimonies—three witnesses for Guy and only Mary for the defense—concluded that the Chancellor’s decision was not against the weight of the evidence. The court emphasized that marriage dissolution should not occur lightly. Mary’s attorney was awarded $150 in costs for the appeal. The original ruling was affirmed.