Banner v. Banner
Missouri Court of Appeals
Appeal from Putnam Circuit Court. — Hon. Geo. W. Wanamaker, Judge. (1) Postnuptial settlements are upheld by the courts. 21 Cyc. 1254. (2) Deeds of separation entered into by husband and wife are likewise upheld. 21 Cyc. 1592. (3) A wife cannot accept one provision of such a deed and repudiate another. State v. Giroux, 47 Pac. 718. (4) The contract of separation proved in evidence in this case is sufficient to bind both parties thereto.
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Appeal from Putnam Circuit Court. — Hon. Geo. W. Wanamaker, Judge. (1) Postnuptial settlements are upheld by the courts. 21 Cyc. 1254. (2) Deeds of separation entered into by husband and wife are likewise upheld. 21 Cyc. 1592. (3) A wife cannot accept one provision of such a deed and repudiate another. State v. Giroux, 47 Pac. 718. (4) The contract of separation proved in evidence in this case is sufficient to bind both parties thereto. Sackman v. Sackman, 143 Mo. 584; Garbut v. Bowling, 81 Mo. 214; Fisher v. Clopton, 110 Mo. App. 663. (5) To support a defense based on a deed of separation,…
1Opinion of the CourtTrimble, J.
A wife, on being sued for divorce, filed a motion for alimony pendente lite. Some years prior to the institution of the suit the wedded pair had separated and, under a written contract entered into at that time, the wife accepted certain property in full of all her interest and rights in the then present and future estate of her husband. Said contract contained this further provision: “And in the event of any divorce proceedings said Mary Bell Banner is to make no claim for either temporary alimony or alimony in gross.”
Upon the filing of the wife’s motion for alimony, the plaintiff husband…
2Cases cited6 opinions
- Bailey v. DillonMassachusetts Supreme Judicial Court · 1904
- State ex rel. Giroux v. GirouxMontana Supreme Court · 1897
- Roberts v. HardyMissouri Court of Appeals · 1901
- Beatty v. ClarksonMissouri Court of Appeals · 1904
- Conrad v. BrockerSupreme Court of New Jersey · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jones v. JonesSupreme Court of Missouri · 1930
- Cooper v. CooperDistrict of Columbia Court of Appeals · 1944
- Dorsett v. DorsettMissouri Court of Appeals · 1936
- Fox v. BD. OF ED. OF W. MILFORD TP.New Jersey Superior Court Appellate Division · 1967
- Speiser v. SpeiserMissouri Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.