Behrle v. Behrle
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. G. Orriclc Bishop, Judge. (1) The trial court was without jurisdiction or authority to make any order on the defendant to pay plaintiff in connection with her appeal from the court’s decree against her in her suit for maintenance, (a) At common law the only way a wife could enforce her right against her husband for maintenance was to pledge his credit for necessaries with third parties.
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Appeal from St. Louis City Circuit Court. — Hon. G. Orriclc Bishop, Judge. (1) The trial court was without jurisdiction or authority to make any order on the defendant to pay plaintiff in connection with her appeal from the court’s decree against her in her suit for maintenance, (a) At common law the only way a wife could enforce her right against her husband for maintenance was to pledge his credit for necessaries with third parties. Schouler on Domestic Relations (5 Ed.), sec. 61, p. 98. (b) Neither can she sue him in equity to maintain her out of his own wages or his own property. 2…
1Opinion of the CourtBland, P. J.
Section 4327, chapter 51, Revised Statutes 1899, entitled “Married Women” provides: “When the husband, without good cause, shall abandon his wife, and refuse or neglect to maintain and provide for her, the circuit court, on her petition for that purpose, shall order and adjudge such support and maintenance to be provided and paid by the husband for the wife and her children, or any of them, by that marriage, out of his property, and for such time as the. nature of the case and the circumstances of the parties shall require,” etc. The plaintiff’s action is bottomed on this section. Defendant,…
2Cases cited6 opinions
- Glover v. GloverSupreme Court of Alabama · 1849
- Doyle v. DoyleSupreme Court of Missouri · 1858
- Simpson v. SimpsonSupreme Court of Iowa · 1894
- Milliron v. MillironSouth Dakota Supreme Court · 1896
- Bueter v. BueterSouth Dakota Supreme Court · 1890
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3Cited by6 opinions
- Smith v. SmithMissouri Court of Appeals · 1957
- Wyrick v. WyrickMissouri Court of Appeals · 1912
- McCarthy v. McCarthyMissouri Court of Appeals · 1959
- Klepper v. KlepperMissouri Court of Appeals · 1915
- Perkins v. PerkinsMissouri Court of Appeals · 1942
1 more not listed; retrieve them via the Exa API.