Legal Opinion

State ex rel. Gercke v. Seddon

Supreme Court of Missouri

Decided October 15, 1887PublishedCited by 53 opinions

Mandamus. The order for alimony pending the appeal is for alimony from month to month, and is clearly erroneous. Under the unwritten law continuing alimony was only from year to year. 2 Bish. on Mar. & Div., sec. 427. .Under the statute alimony should be from year to year. The order in this case is a final one and one from which an appeal lies. R. S., sec. 3710; Hecht v. Heeht, 28 Ark. 92; Mitchell r>. Mitchell, 20 Kan. 665; Lewis v. Lewis, 20 Mo. App. 546; Whitsett n.

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Mandamus. The order for alimony pending the appeal is for alimony from month to month, and is clearly erroneous. Under the unwritten law continuing alimony was only from year to year. 2 Bish. on Mar. & Div., sec. 427. .Under the statute alimony should be from year to year. The order in this case is a final one and one from which an appeal lies. R. S., sec. 3710; Hecht v. Heeht, 28 Ark. 92; Mitchell r>. Mitchell, 20 Kan. 665; Lewis v. Lewis, 20 Mo. App. 546; Whitsett n. Whitsett, 8 B. Mon. 50; Jenlcins v. JenTcins, 91 HI. 167; Whitmore v. Whitmore, 49 Mich. 417; Krause v. Krause, 23 Wis. 354.…

1Opinion of the CourtBrace, J.

The question in this case arises on the demurrer of defendant to the alternative writ of mandamus issued herein. In an action for divorce in the St. Louis city circuit court by Augusta Gercke, wife of relator, against him, she obtained a final decree of divorce and for alimony in the gross sum of six thousand *522dollars, and an allowance of one hundred and seventy- - five dollars, for attorney’s fee, whereupon relator filed his motion for a new trial and in arrest of judgment, which being overruled, he filed his bill of exceptions, and at the same term, and within time, his affidavit and. bond…

2Cases cited7 opinions

  1. Jenkins v. JenkinsIllinois Supreme Court · 1878
  2. State ex rel. Clarkson v. St. Louis Court of AppealsSupreme Court of Missouri · 1885
  3. Hecht v. HechtSupreme Court of Arkansas · 1872
  4. Call v. CallSupreme Judicial Court of Maine · 1876
  5. Lewis v. LewisMissouri Court of Appeals · 1886

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3Cited by53 opinions

  1. In re DoleHawaii Supreme Court · 1903
  2. State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
  3. Noll v. NollMissouri Court of Appeals · 1956
  4. Hiss v. HissSupreme Court of Connecticut · 1949
  5. Libbe v. LibbeMissouri Court of Appeals · 1912

48 more not listed; retrieve them via the Exa API.

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