McIntyre v. McIntyre
Missouri Court of Appeals
Error to Holt Circuit Court, Hon. Henry S, Kelley, Judge. The case is stated in the opinion. I. The circuit court had no jurisdiction under the decision of the Supreme Court to enter any judgment, except to eliminate that part allowing alimony to the wife, and the judgment in this case is absolutely void. Chouteau v. Mien, 74 Mo. 56; Hwrclc v. Er shine, 50 Mo. 117; Shroyer v. Nickel, 67 Mo. 589 ; sects. 3776, 3779, Devised Statutes. II.
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Error to Holt Circuit Court, Hon. Henry S, Kelley, Judge. The case is stated in the opinion. I. The circuit court had no jurisdiction under the decision of the Supreme Court to enter any judgment, except to eliminate that part allowing alimony to the wife, and the judgment in this case is absolutely void. Chouteau v. Mien, 74 Mo. 56; Hwrclc v. Er shine, 50 Mo. 117; Shroyer v. Nickel, 67 Mo. 589 ; sects. 3776, 3779, Devised Statutes. II. A court cannot at any subsequent term change its judgment to one which it neither rendered nor intended to render. Ross v. Ross, 83 Mo. 100.
1Opinion of the CourtEllison, J.
Plaintiff sued defendant in the Holt county circuit court for divorce, alleging cruelty, indignities, etc., and praying for alimony as well as the custody of an infant child. The defendant answered by way of cross-bill. On trial, the decree was given for defendant on his cross-bill, but the court gave judgment for alimony in favor of plaintiff. The defendant took the case to the Supreme Court in order to reverse that part of the decree relating to the alimony allowed plaintiff, contending that, as he had obtained the divorce for the fault ol the plaintiff, there was no authority of law for…
2Cases cited5 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Chouteau v. AllenSupreme Court of Missouri · 1881
- State ex rel. Dixon v. GivanSupreme Court of Missouri · 1882
- Connor v. PopeMissouri Court of Appeals · 1886