McLaughlin v. McLaughlin
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — Hon. Francis H. Trimble, Judge. (1) Alimony is an allowance payable out of the husband’s estate for the wife’s support, payable periodically, except where the statutes authorize an award in gross. It is not a portion of the husband’s estate to be assigned1 to her in fee simple.
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Appeal from Caldwell Circuit Court. — Hon. Francis H. Trimble, Judge. (1) Alimony is an allowance payable out of the husband’s estate for the wife’s support, payable periodically, except where the statutes authorize an award in gross. It is not a portion of the husband’s estate to be assigned1 to her in fee simple. It never covers the estate itself, and cannot be decreed in specific property, except by statutory authorization or by agreement. 1 Bailey on Jur., sec. 271, p. 282; 2 Am. and Eng. Ency. Law (2 Ed.), p. 1291; 2 Bishop on Mar. Div. and Sep., secs. 835 and 1117; Calme v. Calme, 25 N.…
1Opinion of the CourtGraves, J.
Plaintiff and defendant were formerly husband and wife. This cause comes here upon a judgment sustaining a demurrer to plaintiff’s petition. His petition was in three counts originally, but it is stated that the second count thereof, which appears from the trial judge’s written opinion filed in the cause to have been a count in ejectment, was dismissed.
In the first count, plaintiff seeks by a direct count in equity to set aside that part of a judgment in a divorce suit between him and his wife by which the title to eighty acres of land in Caldwell county was decreed out of him and vested in…
2Cases cited6 opinions
- Bowles v. . HabermannNew York Court of Appeals · 1884
- In Re to Revoke the Probate of the Will of PhillipsNew York Court of Appeals · 1885
- Williams v. ShacklefordSupreme Court of Missouri · 1888
- Board of Commissioners v. LawrenceSupreme Court of Kansas · 1883
- Gray v. GrayMissouri Court of Appeals · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bush v. ReidAlaska Supreme Court · 1973
- Thompson v. BondDistrict Court, W.D. Missouri · 1976
- Hughes v. NeelySupreme Court of Missouri · 1960
- State Ex Rel. Brickey v. NolteSupreme Court of Missouri · 1943
- Murphy v. BarronSupreme Court of Missouri · 1918
10 more not listed; retrieve them via the Exa API.