Legal Opinion

Pickel v. Pickel

Supreme Court of Missouri

Decided December 30, 1921No. Nos. 21,146, 21,147PublishedCited by 8 opinions

Appeal from. St. Louis City Circuit Court. Hon. William T. Jones, Judge. (1) It was palpable error for tlie court to engraft tbe divorce action on the maintenance case “in aid of the decree in said divorce case and in anticipation thereof.” Sharpe v. Sharpe, 134 Mo. App. 278. (2) The Legislature has by enacting separate and distinct statutes given two forms of action by which, the wife may force the husband to support her—divorce and maintenance.

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Appeal from. St. Louis City Circuit Court. Hon. William T. Jones, Judge. (1) It was palpable error for tlie court to engraft tbe divorce action on the maintenance case “in aid of the decree in said divorce case and in anticipation thereof.” Sharpe v. Sharpe, 134 Mo. App. 278. (2) The Legislature has by enacting separate and distinct statutes given two forms of action by which, the wife may force the husband to support her—divorce and maintenance. In the first she must ask for a dissolution to obtain permanent support; in the second, she must affirm the marriage relation and claim rights under…

1Opinion of the Court

This court has become familiar with these cases in their different aspects in Pickel v. Pickel, 243 Mo. 641; Same v. Same,251 Mo. 197; Same v. Same, 259 Mo. 202; in which it has had occasional relief from the St. Louis Court of Appeals in Same v. Same, 176 Mo. App. 673; Same v. Same, Id. 714; Same v. Same, 179 S.W. 949. The facts are so fully spread upon the records of these courts as to simplify the task of restating them. Although counsel for respondent appeared and favored us with oral argument at the hearing, it was suggested that financial consideration had prevented the filing of a…

2Cases cited4 opinions

  1. Pickel v. PickelSupreme Court of Missouri · 1912
  2. Pickel v. PickelSupreme Court of Missouri · 1913
  3. Pickel v. PickelMissouri Court of Appeals · 1913
  4. Pickel v. PickelSupreme Court of Missouri · 1914

3Cited by8 opinions

  1. La Presto v. La PrestoSupreme Court of Missouri · 1955
  2. Price v. PriceMissouri Court of Appeals · 1955
  3. R v. MMissouri Court of Appeals · 1964
  4. State Ex Rel. Busby v. CowanMissouri Court of Appeals · 1937
  5. State Ex Rel. Rodgers v. WhiteMissouri Court of Appeals · 1947

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