Legal Opinion

Seely v. Seely

Missouri Court of Appeals

Decided January 16, 1906PublishedCited by 6 opinions

Appeal from Ralls Circuit Court. — Now. David N. Eby, Judge. The court erred in making any allowance for the reason that the court in the decree of divorce made no allowance, hence there was nothing to> modify. Lukowski v. Lukowski, 98 Mo. App. 204. There is no proof of any new facts or condition occurring since the divorce on which to base a modification of the decree. West v. West, 94 Mo. App. 683; Deidesheimer v. Deidesheimer, 74 Mo.

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Appeal from Ralls Circuit Court. — Now. David N. Eby, Judge. The court erred in making any allowance for the reason that the court in the decree of divorce made no allowance, hence there was nothing to> modify. Lukowski v. Lukowski, 98 Mo. App. 204. There is no proof of any new facts or condition occurring since the divorce on which to base a modification of the decree. West v. West, 94 Mo. App. 683; Deidesheimer v. Deidesheimer, 74 Mo. App. 234. The appellant complains that the trial court modified a decree in reference to the allowance to respondent for the support of the child Arzola but…

1Opinion of the CourtBland, P. J.

On her crossbill, respondent herein, at the March term, 1900, of the Ralls Circuit Court, obtained a decree divorcing her from her husband, the appellant herein. By the decree respondent was allowed six hundred and fifty dollars alimony in gross which has been paid. She was also allowed the custody of Arzola Seely, a minor child born of the marriage; but the decree is silent as to the future maintenance of the minor. At the March term, 1905, of the Ralls Circuit Court, the respondent filed her motion asking for a modification of the decree in order to allow her a sum sufficient for the…

2Cases cited2 opinions

  1. Meyers v. MeyersMissouri Court of Appeals · 1901
  2. Lukowski v. LukowskiMissouri Court of Appeals · 1904

3Cited by6 opinions

  1. Kelly v. KellySupreme Court of Missouri · 1932
  2. Brown v. BrownSupreme Court of Georgia · 1909
  3. Robinson v. RobinsonSupreme Court of Missouri · 1916
  4. Bennett v. RobinsonMissouri Court of Appeals · 1914
  5. Robinson v. RobinsonMissouri Court of Appeals · 1913

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