Ross v. Ross
Mississippi Supreme Court
From the chancery court of Tishomingo county. TIon. Joi-in Quitman Robins, Chancellor. Margaret B. Ross, the appellee, was complainant in the court below; her husband, Willis T. Ross, the appellant, was defendant there. From an interlocutory decree in favor of complainant, awarding her alimony pendente lite and suit money, defendant appealed to the supreme court.
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From the chancery court of Tishomingo county. TIon. Joi-in Quitman Robins, Chancellor. Margaret B. Ross, the appellee, was complainant in the court below; her husband, Willis T. Ross, the appellant, was defendant there. From an interlocutory decree in favor of complainant, awarding her alimony pendente lite and suit money, defendant appealed to the supreme court. Appellee filed her bill in chancery against appellant, alleging that, without fault upon her part, he had refused to support her or to allow her to remain in his home, and that it was impossible for her to live with him. Her suit was…
1Opinion of the CourtMayes, J.
Without deciding any other question in this cause, we think the learned chancellor erred in not permitting the defendant to *73introduce oral evidence at the hearing on the motion for alimony pendente lile. Without any proof before the court, an order was made allowing $200 counsel fees, and $30 per month alimony. The allowance of alimony pendente lite is not a matter of absolute right, to be allowed under any and all circumstances, but is one which is addressed to the sound discretion, of the court, having in view the circumstances of the party making the application, together with the…
2Cases cited4 opinions
- Garland v. GarlandMississippi Supreme Court · 1874
- McFarland v. McFarlandMississippi Supreme Court · 1886
- Porter v. PorterMississippi Supreme Court · 1866
- Verner v. VernerMississippi Supreme Court · 1884
3Cited by4 opinions
- Rees v. ReesMississippi Supreme Court · 1940
- McNeil v. McNeilMississippi Supreme Court · 1921
- G. D. Hook & Co. v. MillerMississippi Supreme Court · 1921
- Rawlings v. RawlingsMississippi Supreme Court · 1919