Salyer v. Salyer
Missouri Court of Appeals
Appeal from Barry County Circuit Court. — Hon. Charles L. Henson, Judge. (1) Alimony and attorney fees can be adjudged only as an incident to a decree for a divorce, and tben only in favor of tlie wife wben sbe is tbe prevailing party. Doyle v. Doyle, 26 Mo. 545, 549 ; Mclntire v. Mclntire, 80 Mo. 476, 472; Slaughter v. Slaughter, 106 Mo.
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Appeal from Barry County Circuit Court. — Hon. Charles L. Henson, Judge. (1) Alimony and attorney fees can be adjudged only as an incident to a decree for a divorce, and tben only in favor of tlie wife wben sbe is tbe prevailing party. Doyle v. Doyle, 26 Mo. 545, 549 ; Mclntire v. Mclntire, 80 Mo. 476, 472; Slaughter v. Slaughter, 106 Mo. App. 104. (2) The court after dismissing plaintiff’s petition, and entering a judgment against her for costs, had no jurisdiction, to award her alimony and expenses of. appeal. Dawson v. Dawson, 37 Mo. App. 270', 213; Watkins V.- Watkins, 66 ¡Mo. App. 468;…
1Opinion of the CourtCox, P. J.
Plaintiff sued defendant for divorce. During the trial and before the taking of testimony was completed the plaintiff filed a motion asking for temporary alimony as suit money. At the close of the testimony the court allowed $100 to plaintiff’s attorney as suit money. On the merits the court found against plaintiff and dismissed her hill. She then filed a motion for new trial which was overruled. This was followed by an affidavit for appeal by plaintiff, which appeal was granted and the court on the same day made an order allowing plaintiff $30' per month for support and also allowed the cost…
2Cases cited3 opinions
- State ex rel. Gercke v. SeddonSupreme Court of Missouri · 1887
- Rosenfeld v. RosenfeldMissouri Court of Appeals · 1895
- State Ex Rel. Kranke v. CalhounMissouri Court of Appeals · 1921
3Cited by1 opinion
- Glass v. GlassMissouri Court of Appeals · 1931