Porter v. Porter
Mississippi Supreme Court
Error to Chancery Court of Chickasaw county. Hon. W. H. Kilpatrick, chancellor. 1. That the petition of the wife does not allege a separation. This is fatal to it. 2 Bright’s Husband and Wife, 5, 6, 7, 8, 9 ; 2 Kent’s Com. 133. 2. That the refusal of the court to hear testimony as to the pecuniary condition of the wife was error. 2 Bright’s Husband and Wife, 359, 360. 3. That by the statute of Miss., alimony pendente lite is not allowed.
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Error to Chancery Court of Chickasaw county. Hon. W. H. Kilpatrick, chancellor. 1. That the petition of the wife does not allege a separation. This is fatal to it. 2 Bright’s Husband and Wife, 5, 6, 7, 8, 9 ; 2 Kent’s Com. 133. 2. That the refusal of the court to hear testimony as to the pecuniary condition of the wife was error. 2 Bright’s Husband and Wife, 359, 360. 3. That by the statute of Miss., alimony pendente lite is not allowed. Rev. Code, 334, art. 17; Wilson v. Wilson, 2 Deo. & Bat., 377; -10 Vermont, 505 ; 8 B. Monroe, 50. 4. That the conduct of the wife was a matter for…
1Opinion of the CourtTTar.tr.tr, J.
This is an application, pendente lite, for alimony.
The defendant in error filed her bill in the Circuit Court of Chickasaw county, for a divorce, upon the ground that the husband, being of sufficient ability, wantonly and cruelly failed to provide a support for her. To this bill there was a demurrer filed, which seems to be undisposed of by any order or judgment appearing in the record. The bill and demurrer seem to have been filed to the April term, 1866. At the same term the defendant in error filed her application for a separate maintenance, and for an allowance to conduct and carry on her…
2Cited by16 opinions
- Daniels v. DanielsSupreme Court of Colorado · 1886
- Harding v. HardingIllinois Supreme Court · 1892
- Garland v. GarlandMississippi Supreme Court · 1874
- McFarland v. McFarlandMississippi Supreme Court · 1886
- Penningroth v. PenningrothMissouri Court of Appeals · 1897
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