Joseph McKenna

“ They are usually concomitants in the same suit-some cases say must be or, rather, that as alimony is an incident of divorce, it must be awarded by the same decree that grants the separation. And it is the practice to unite them, as alimony necessarily depends upon a variety of circumstances more adequately determined in the suit for divorce, not only the right to it, but the measure of it, all circumstances upon which it depends then naturally brought under the view and judgment of the court. ”

“ The argument to sustain this is that the Arkansas statute [1] (section 2684, Kirby's Digest) provides that when a divorce is granted to the wife the only power the court possesses is to restore to the parties respectively the property one may have obtained from the other during the marriage and adjudge to the wife one-third of her husband's personal property ab olutely and one-third of all the lands whereof he was seised of an estate of inheritance at any time during the marriage for her life unless she shall have relinquished the same in legal form. ”

“ The decision of the Supreme Court of Nebraska is challenged for not according to the decree the credit it is entitled to and it is no answer to the challenge to say that the Supreme Court committed no error in responding to it, and that, therefore, there is no federal question for review. ”