Definition of Ability

When a statute makes it a ground of divorce that the husband has neglected to provide for his wife the common necessaries of life, having the ability to provide the same, the word "ability" has reference to the possession by the husband of the means in property to provide such necessaries, not to his capacity of acquiring such means by labor. Washburn v. Washburn, 9 Cal. 475. But compare State v. Wltham, 70 Wis. 473, 35 N. W. 934.