Wagner v. Wagner
Michigan Supreme Court
Appeal from Wayne; Rohnert, J. Bill by Susanna Wagner against John Wagner for a separation from bed and board and for maintenance. From the decree rendered, complainant appeals. Complainant filed a bill against the defendant, her husband, for a decree from bed and board, under section 8022, 3 Comp.
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Appeal from Wayne; Rohnert, J. Bill by Susanna Wagner against John Wagner for a separation from bed and board and for maintenance. From the decree rendered, complainant appeals. Complainant filed a bill against the defendant, her husband, for a decree from bed and board, under section 8022, 3 Comp. Laws, and for separate maintenance, under section 8654. She obtained a decree in accordance with the prayer of her bill, but has appealed frcfm that part of the decree fixing the amount allowed her for separate maintenance, and directing her to release to the defendant all interest in the lands…
1Opinion of the CourtGrant, J.
(after stating the facts). Whether, on a decree of separation and separate maintenance, the chancery court has the power to determine that allowance for support during the wife’s life shall be in lieu of all her other interests in her husband’s property, while living and after his death, we need not determine. We do not think it just or equitable that the allowance for support in such a case should cut off all interest in his property by virtue of her marital rights, which are not severed, but only suspended. According to the absolute terms of this decree, she would have no interest in his…
2Cited by7 opinions
- Mason v. CommissionerUnited States Board of Tax Appeals · 1941
- Hagerty v. HagertyMichigan Supreme Court · 1923
- Young v. CommissionerUnited States Board of Tax Appeals · 1939
- Wagner v. WagnerMichigan Supreme Court · 1927
- Wagner v. WagnerMichigan Supreme Court · 1926
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