State ex rel. Clarkson v. St. Louis Court of Appeals
Supreme Court of Missouri
Prohibition. (1) The court of appeals is an appellate tribunal only and has no original jurisdiction to allow alimony pendente lite. Constitution, art. 6 ; 80 Mo. 470 ; 49 Mo. 381; Kamp v. Kamp, 59 N. Y. 212; Eslcenbraclc v. Eslcenbraclc, 96 N. Y. 456 ; Wood n. Wood, 7 Lansing (N. Y.)204; Mclntyren. McIntyre, 80 Mo. 470, and cases cited; Winston v. Winston, 31 Hun.
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Prohibition. (1) The court of appeals is an appellate tribunal only and has no original jurisdiction to allow alimony pendente lite. Constitution, art. 6 ; 80 Mo. 470 ; 49 Mo. 381; Kamp v. Kamp, 59 N. Y. 212; Eslcenbraclc v. Eslcenbraclc, 96 N. Y. 456 ; Wood n. Wood, 7 Lansing (N. Y.)204; Mclntyren. McIntyre, 80 Mo. 470, and cases cited; Winston v. Winston, 31 Hun. (N. Y.) 290. (2) The circuit court, in which the cause was tried, heard and determined the matter of alimony and allowance of counsel fees ; its action. thereon has not been appealed from, and is not before this court for review.…
1Opinion of the CourtNorton, J.
James L. Clarkson, the relator, brought his suit for divorce against his wife in the Iron county *137•circuit court, alleging as a ground for divorce such indignities as rendered his condition intolerable. The ■cause was transferred to the circuit court of the city of St. Louis where, on the twenty-sixth day of April, 1885, the circuit court made an order that plaintiff pay defendant in said suit, or to her attorneys, two hundred and fifty dollars for attorney’s fees, and also that defendant pay the wife forty dollars per month till further •order of that court. On June 14, 18S5, a decree was…
2Cited by31 opinions
- State ex rel. Gercke v. SeddonSupreme Court of Missouri · 1887
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- Price v. PriceMissouri Court of Appeals · 1955
- State Ex Rel. Burtrum v. SmithSupreme Court of Missouri · 1947
- Bordeaux v. BordeauxMontana Supreme Court · 1904
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