Waddingham v. Waddingham
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. I. The allowance of alimony in 'gross is the only proper order under the peculiar circumstances of this -case. Rev: Stat., sect. 2180; Golding v. Golding, 74 Mo. 123; Crews v. Mooney, 74 Mo. 26. II. Alimony in gross will end the controversy.; it will end the litigation.
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Appeal from Audrain Circuit Court, Hon. Elijah Robinson, Judge. I. The allowance of alimony in 'gross is the only proper order under the peculiar circumstances of this -case. Rev: Stat., sect. 2180; Golding v. Golding, 74 Mo. 123; Crews v. Mooney, 74 Mo. 26. II. Alimony in gross will end the controversy.; it will end the litigation. Such a decree for alimony in gross will not be subject to alteration in the future and defendant will be freed from efforts in that direction by plaintiff if alimony is so granted. Chester v. Chester, 17 Mo. 661, 662; Plaster 'o. Plaster, 47 111. 294; Crews v.…
1Opinion of the CourtPhilips, P. J.
This proceeding grows out of the suit for divorce between the parties, reported in 21 Mo. App. 309. After the cause was remanded, and at the . June term of the circuit court, 1886, on motion-of Mrs. Waddingham’s attorney, the court allowed her alimony *604pendente lite in the sum of $250, and continued the matter to the next term.. It is conceded that this allowance was paid by the plaintiff instanter.
At the next October term, and on the thirtieth day of November, the judge’s minutes show the following entry: “Ordered that plaintiff pay $300 and $120, total, $420, to-day, and $60 on the first of…
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