Legal Opinion

Anderson v. Anderson

Missouri Court of Appeals

Decided December 4, 1893PublishedCited by 17 opinions

Appeal from the Nodaway Circuit Court. — Hon. Cyrus. A. Anthony, Judge. (1) The court erred in sustaining defendant’s motion to set aside the order for temporary alimony, and in not making plaintiff an allowance to cover costs, herein. As to the alimony pendente lite the plaintiff is-entitled to such an allowance without regard to the result of the main suit. The court grants this allowance on a prima facie case made out.

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Appeal from the Nodaway Circuit Court. — Hon. Cyrus. A. Anthony, Judge. (1) The court erred in sustaining defendant’s motion to set aside the order for temporary alimony, and in not making plaintiff an allowance to cover costs, herein. As to the alimony pendente lite the plaintiff is-entitled to such an allowance without regard to the result of the main suit. The court grants this allowance on a prima facie case made out. Harriot v. Railroad, 8 Abhott’s Pr. 284; State ex rel. y. Seddon, 93 Mo. 520; Walker v. Pritchard et al., 135 111. 103; Blair v. Reading et al., 99 111. 615; Nolle v.…

1Opinion of the CourtGill, J.

In the year 1884, the plaintiff, Mrs. Anderson, begun her suit for a divorce from the defendant, Robert S. Anderson. In the petition defendant was charged with desertion, that he was a ■ nonresident of the state, and constructive service of notice was had by publication. This ex parte suit was heard in March, 1885, and the plaintiff was divorced. No alimony was asked and none awarded. Five years thereafter (in June, 1890) plaintiff filed her motion asking the court to allow and decree her suitable alimony and maintenance out of the estate of the defendant. In this application the. plaintiff…

2Cases cited6 opinions

  1. Huff v. ShepardSupreme Court of Missouri · 1874
  2. Langworthy v. McKelveySupreme Court of Iowa · 1868
  3. Weaver v. FriesIllinois Supreme Court · 1877
  4. Schwickerath v. CookseySupreme Court of Missouri · 1873
  5. Thompson v. AllenSupreme Court of Missouri · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Hood v. HoodSupreme Court of Georgia · 1908
  2. State Ex Rel. Gardner v. HallSupreme Court of Missouri · 1920
  3. White v. WhiteWest Virginia Supreme Court · 1909
  4. Chapman v. ChapmanSupreme Court of Missouri · 1917
  5. Darby v. DarbyTennessee Supreme Court · 1925

12 more not listed; retrieve them via the Exa API.

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