Legal Opinion

Chapman v. Chapman

Supreme Court of Missouri

Decided February 2, 1917PublishedCited by 22 opinions

Appeal from St. Louis City Circuit Court. — Ho». George II. Shields, Judge. The trial court erred in not awarding alimony and rendering judgment therefor against the real estate set forth in the petition and publication. (1) If a defendant is not personally served and does not enter a voluntary appearance, a personal judgment cannot be rendered.

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Appeal from St. Louis City Circuit Court. — Ho». George II. Shields, Judge. The trial court erred in not awarding alimony and rendering judgment therefor against the real estate set forth in the petition and publication. (1) If a defendant is not personally served and does not enter a voluntary appearance, a personal judgment cannot be rendered. Nevertheless, as the State has control over the marriage status of its inhabitants and also over property within its boundaries, in a suit for divorce and alimony, based on service by publication, the court may acquire jurisdiction to render a…

1Opinion of the Court

ROY, C.

Plaintiff sued for divorce and alimony. The trial court granted the divorce, but refused the alimony. She appealed to the St. Louis Court of Appeals, where, in an opinion by Allen, J., the judgment was reversed and the cause remanded. Beynolds, P. J., filed a dissenting opinion, and deemed the majority opinion in conflict with Moss v. Fitch, 212 Mo. 484, and State ex rel. v. Blair, 238 Mo. 132. The cause was accordingly certified to this court. Both the opinions in the Court of Appeals and that of Judge Shields of the trial court are found in 185 S. W. 221.

The suit was begun September…

2Cases cited46 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Murray v. MurrayCalifornia Supreme Court · 1896
  3. Pendleton v. PerkinsSupreme Court of Missouri · 1872
  4. Wightman v. WightmanIllinois Supreme Court · 1867
  5. Coughlin v. EhlertSupreme Court of Missouri · 1866

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

3Cited by22 opinions

  1. Nelson v. NelsonSupreme Court of Missouri · 1920
  2. Beckmann v. BeckmannSupreme Court of Missouri · 1949
  3. State Ex Rel. Couplin v. HostetterSupreme Court of Missouri · 1939
  4. Aldrich v. AldrichWest Virginia Supreme Court · 1962
  5. Watts v. WattsSupreme Court of Missouri · 1924

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

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