Elliott v. Elliott
Missouri Court of Appeals
Error to Jackson Circuit Court. — No». Walter F. Poiuell, Judge. (1) The statute (sec. 2929, R. S. 1899) provides that “the guilty party shall forfeit all rights and claims under and by virtue of the marriage.” R. S. 1899, sec. 2947. (2) But the court was without jurisdiction to render judgment for alimony “as alimony” for the support of the defendant, she being guilty. Doyle v. Doyle, 26 Mo. 545; De Graw v. De Graw, 7 Mo.
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Error to Jackson Circuit Court. — No». Walter F. Poiuell, Judge. (1) The statute (sec. 2929, R. S. 1899) provides that “the guilty party shall forfeit all rights and claims under and by virtue of the marriage.” R. S. 1899, sec. 2947. (2) But the court was without jurisdiction to render judgment for alimony “as alimony” for the support of the defendant, she being guilty. Doyle v. Doyle, 26 Mo. 545; De Graw v. De Graw, 7 Mo. App. 121; Mc-Intire v. Mclntire, 80 Mo. 470; Slaughter v. Slaughter, 106 Mo. App. 104; 86 Am. Dec. 643; 54 Pac. 921; 30 S. E. 825; 23 Cyc. 684. The court having cognizance…
1Opinion of the CourtEllison, J.
Plaintiff brought his action for divorce from defendant, his wife. She filed a cross-bill, but aftenvards withdrew it, and the court granted the divorce to plaintiff for defendant’s fault. It was “further ordered and adjudged by the court that defendant have and recover of and from the plaintiff as alimony for the support of herself and two children Katie and Nellie, the sum of $65 per month from and after September 15, 1907, first payment to be paid on October 1, 1907, payable on the first and fifteenth of each month thereafter; plaintiff is further ordered to pay Dr. Walls for the treatment…
2Cases cited6 opinions
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Salisbury v. SalisburySupreme Court of Missouri · 1887
- Lukowski v. LukowskiMissouri Court of Appeals · 1904
- Slaughter v. SlaughterMissouri Court of Appeals · 1904
- Nave v. NaveMissouri Court of Appeals · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Webber v. WebberSupreme Court of Minnesota · 1923
- Arndt v. ArndtMissouri Court of Appeals · 1914
- Loving v. ClarkCourt of Appeals of Texas · 1921
- Conant v. ConantMissouri Court of Appeals · 1924
- Smith v. SmithMissouri Court of Appeals · 1912