Smith v. Smith
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.-^ILon. James E. Withrow, Judge. (1) The statute, declaratory of the common law, provides that alimony, pendente lite, may be allowed, “pending the suit for divorce.” R. S. 1899, sec. 2926; McDonald v. Wagner, 5 Mo. App. 56; Long v. Long, 78 Mo. App. 32. (2) The specific question as to the allowance of alimony and suit money in supplementary proceedings after final decree of divorce, has never been decided in Missouri.
Read the full summary
Appeal from St. Louis City Circuit Court.-^ILon. James E. Withrow, Judge. (1) The statute, declaratory of the common law, provides that alimony, pendente lite, may be allowed, “pending the suit for divorce.” R. S. 1899, sec. 2926; McDonald v. Wagner, 5 Mo. App. 56; Long v. Long, 78 Mo. App. 32. (2) The specific question as to the allowance of alimony and suit money in supplementary proceedings after final decree of divorce, has never been decided in Missouri. Elsewhere under statutes similar to ours it has been decided that such an allowance is legal and proper. Stillman v. Stillman, 99’ 111.…
1Opinion of the CourtCox, J.
On the 13th day of May, 1907, a decree of divorce was rendered in the circuit court of the city *652of St. Louis in favor of the plaintiff and against defendant, and in this decree the custody of two minor children was awarded to plaintiff until the court should further order, and defendant was required to pay to plaintiff seventy-five dollars per month as alimony until otherwise ordered by the court. On December 7, 1908, defendant filed his motion for a modification of "the decree in which he asked that the allowance for alimony he annulled and that the custody of the children be taken from…
2Cases cited12 opinions
- Stillman v. StillmanIllinois Supreme Court · 1881
- Whereatt v. EllisWisconsin Supreme Court · 1886
- Williams v. HudsonSupreme Court of Missouri · 1887
- McAnaw v. MatthisSupreme Court of Missouri · 1895
- St. Louis, Keokuk & Northwestern Railroad v. ClarkSupreme Court of Missouri · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fleming v. FlemingNevada Supreme Court · 1937
- Blum v. BlumOhio Supreme Court · 1967
- Howard v. HowardMissouri Court of Appeals · 1957
- Fox v. FoxMissouri Court of Appeals · 1958
- Ward v. WardOhio Court of Appeals · 1956
2 more not listed; retrieve them via the Exa API.