Carroll v. Carroll
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — IIon. Thomas A. Russell, Judge. Alimony is a right which results from the marital relation, and the fact of marriage between the parties must be admitted or proved before there can be a decree granted. Vreeland v. Vreeland, 18 N. J. Eq. 43; Brown on Divorce, 260; Smith v. Smith, 61 Iowa, 138; McFarland v. McFarland, Id. 565; Wilson v. Wilson, 49 Id. 544; Becker v. Becker, 15 111. App.
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Appeal from the St. Louis City Circuit Court. — IIon. Thomas A. Russell, Judge. Alimony is a right which results from the marital relation, and the fact of marriage between the parties must be admitted or proved before there can be a decree granted. Vreeland v. Vreeland, 18 N. J. Eq. 43; Brown on Divorce, 260; Smith v. Smith, 61 Iowa, 138; McFarland v. McFarland, Id. 565; Wilson v. Wilson, 49 Id. 544; Becker v. Becker, 15 111. App. (Brad. 247). The judgment for alimony is bad, neither it nor the motion on which it is based containing any allegation or finding that there was any marriage…
1Opinion of the CourtBiggs, J.
This is an appeal from an allowance of alimony pendente lite. The petition of divorce alleged *192the marriage of plaintiff and defendant in September, 1888, and their separation in June, 1894. The ground of divorce was adultery on the part of the defendant.
The defendant in his answer admitted the marriage as alleged and also the separation, but he denied that the plaintiff had any grounds for divorce. As a bar to her action he set forth that shortly after the separation he became a resident of the territory of Oklahoma;' that thereafter he filed in the district court of Noble county in said…
2Cited by10 opinions
- Franklin v. FranklinSupreme Court of Missouri · 1955
- Hill v. HillMissouri Court of Appeals · 1951
- T.C.H. v. K.M.H.Supreme Court of Missouri · 1985
- McGrath v. McGrathMissouri Court of Appeals · 1965
- Ascher v. AscherMissouri Court of Appeals · 1919
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