Cole v. Cole
Missouri Court of Appeals
Error to St. Louis City Circuit Court. — Son. O’Neill Ryan, Judge. The award of alimony or maintenance to an unsuccessful wife on a final decree can not be done. This is error on the face of the record proper, and is reviewable without a bill of exceptions or motion for new trial or in arrest. De Hoog v. De Hoog, 65 Mo. App. 246; M’cIntire v. Mclntire, 80 Mo. 470; Mclntire v. Mclntire, 24 Mo. App. 166; Motley v. Motley, 93 Mo. App. 473, 67 S. W. 741.
1Opinion of the CourtBland, P. J.
— At the June term., 1905, of the St. Louis Circuit Court, plaintiff in error, in a suit brought by him for divorce against his then wife, Mamie Cole, obtained a decree divorcing him from his said wife. The wife was awarded the custody of the two minor children of the parties, Mildred and Florence Cole, until the further order of the court, and plaintiff in error was ordered to pay the defendant in error the sum of fifteen dollars per month as maintenance and the costs of the suit, and execution was awarded to enforce the judgment. Plaintiff sued out a writ of. error returnable to this,…
2Cases cited2 opinions
- Motley v. MotleyMissouri Court of Appeals · 1902
- DeHoog v. DeHoogMissouri Court of Appeals · 1896
3Cited by2 opinions
- Webber v. WebberSupreme Court of Minnesota · 1923
- Winner v. ChucartMissouri Court of Appeals · 1919