Aylor v. Aylor
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. One. — No». Joseph D. Perkins, Judge. (1) After the plaintiff" in the divorce suit had requested the court to take cognizance and jurisdiction of the household effects, and try and determine that this property belonged to the defendant and should be set aside as part of her alimony in gross, plaintiff should not be heard to say in an independent action, while the other suit is pending, that this identical pr operty was…
Read the full summary
Appeal from Jasper County Circuit Court, Division No. One. — No». Joseph D. Perkins, Judge. (1) After the plaintiff" in the divorce suit had requested the court to take cognizance and jurisdiction of the household effects, and try and determine that this property belonged to the defendant and should be set aside as part of her alimony in gross, plaintiff should not be heard to say in an independent action, while the other suit is pending, that this identical pr operty was her property and not the property of the defendant. Sharkey v. Kierman, 97 Mo. 102. (2) When it was made to appear to the…
1Opinion of the CourtSturgis, J.
Plaintiff and defendant are husband and wife. • A decree of divorce and for alimony was granted plaintiff on January 4, 1913, by the Jasper county circuit court. The defendant appealed from that decree to the Supreme Court and gave a supersedeas bond, approved by the trial court. Pending that appeal, the plaintiff instituted the present suit in replevin. She seeks to recover from her husband a horse, piano and certain articles of clothing and sundry household effects. After the bringing of this suit and from time to time to the date of the final hearing before the referee, the defendant…
Also in this document: Concurrence.
2Cases cited6 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
- Schooler v. SchoolerMissouri Court of Appeals · 1885
- Sharkey v. KiernanSupreme Court of Missouri · 1888
- Peirce v. GilesAppellate Court of Illinois · 1901
- Strother v. McFarlandMissouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rhoads v. RhoadsSupreme Court of Missouri · 1938
- Lewis v. LewisSupreme Court of Missouri · 1945
- Rudnick v. ShoenbergSupreme Court of Delaware · 1923