Adams v. Adams
Missouri Court of Appeals
Appeal from Washington Circuit Court. — Hon. J. F. Green, Judge. (1) The court erred in refusing to consider and in dismissing the motion for alimony. Alimony pendente lite is allowed as a matter of course upon proof of marriage and pendency of the suit.
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Appeal from Washington Circuit Court. — Hon. J. F. Green, Judge. (1) The court erred in refusing to consider and in dismissing the motion for alimony. Alimony pendente lite is allowed as a matter of course upon proof of marriage and pendency of the suit. Smith v. Smith, 2 Phill. 158; Frith v. Frith, 18 Ga. 272; 2 Bishop on Marriage & Divorce, sec. 387. . Generally, whether alimony shall he allowed at’ all is a matter of law, and how much shall be allowed is a matter of sound discretion. Methvin v. Methvin, 60 Am. Dec, 664, and notes. WMe permanent alimony can only be granted as an incident to…
1Opinion of the CourtThompson, J.
This appeal is prosecuted by the plaintiff, who is a wife suing for divorce, from an order of the court overruling her motion for alimony pendente lite. We understand that it is not disputed that an appeal lies from such order. In State ex rel. v. Seddon, 93 Mo. 520, it was held that an order making an allowance of alimony pendente lite is appealable, and we assume that, where a motion is made for such alimony, the manner in which it is disposed of, whether in favor of the moving party or otherwise, cannot affect the right of appeal.
The record, which brings this question before us, does not…
2Cases cited10 opinions
- State ex rel. Gercke v. SeddonSupreme Court of Missouri · 1887
- Garland v. GarlandMississippi Supreme Court · 1874
- Waters v. WatersSupreme Court of Missouri · 1872
- Litowich v. LitowichSupreme Court of Kansas · 1878
- Burns v. BurnsIndiana Supreme Court · 1877
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3Cited by23 opinions
- Pedersen v. PedersenCourt of Appeals for the D.C. Circuit · 1939
- Libbe v. LibbeMissouri Court of Appeals · 1912
- E v. GMissouri Court of Appeals · 1958
- Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
- Smith v. SmithMissouri Court of Appeals · 1968
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