Legal Opinion

Westfall v. Westfall

Missouri Court of Appeals

Decided January 14, 1922PublishedCited by 5 opinions

Appeal from Circuit Court of Butler County. — Hon. Almon Ing, Judge. (1) An appeal lies from an order granting alimony and alimony pendente lite. Adams v. Adams, 49 Mo. App. 592; State ex rel. v. Seddon, 93 Mo. 520; Marx v. Marx, 94 Mo. App. 172; Motley v. Motley, 93 Mo.

Read the full summary

Appeal from Circuit Court of Butler County. — Hon. Almon Ing, Judge. (1) An appeal lies from an order granting alimony and alimony pendente lite. Adams v. Adams, 49 Mo. App. 592; State ex rel. v. Seddon, 93 Mo. 520; Marx v. Marx, 94 Mo. App. 172; Motley v. Motley, 93 Mo. App. 473. (a) The power of the court to enforce an order for alimony pendente lite, though an adjunct to an action for divorce, is an independent proceeding standing-on its own merits, and in no way dependent on the merits of the issues in the divorce suit, or in any way affe.cted by the final decree thereon. State ex reí.…

1Opinion of the CourtFarrington, J.

— This judgment is the result of a divorce trial in which J. S. Westfall, plaintiff, sued his wife, the defendant. A cross-bill was filed by the wife, and after a hearing on the whole case the trial court granted the wife a decree, of divorce finding that she was the innocent and injured party. In addition to this the court allowed her $300 alimony in gross and $200 attorney’s fee in the nature of suit money. The plaintiff being required by the judgment to pay all the costs.

There is no contention whatever concerning the decree of divorce as both parties seemed to be satisfied with that, but…

2Cases cited4 opinions

  1. Crenshaw v. CrenshawSupreme Court of Missouri · 1918
  2. Banner v. BannerMissouri Court of Appeals · 1914
  3. Gilsey v. GilseyMissouri Court of Appeals · 1917
  4. Beardsley v. BassSupreme Court of Missouri · 1921

3Cited by5 opinions

  1. Adams v. AdamsCalifornia Supreme Court · 1947
  2. Rhinehart v. RhinehartWyoming Supreme Court · 1938
  3. Jones v. JonesSupreme Court of Missouri · 1930
  4. Tilles v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1940
  5. State Ex Rel. Robbins v. GideonMissouri Court of Appeals · 1934

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API