DeHoog v. DeHoog
Missouri Court of Appeals
Error to' the St. Louis County Circuit Court. — Hon. Rudolph Hiezel, Judge. The award of alimony can not be justified as within the power of the court to grant'alimony jpendente lite, for that had been fully done and none further was asked for. This award was on final decree and after a finding against the wife; it also expressly stated the alimony to be in gross. Such alimony can only be awarded to a successful wife.
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Error to' the St. Louis County Circuit Court. — Hon. Rudolph Hiezel, Judge. The award of alimony can not be justified as within the power of the court to grant'alimony jpendente lite, for that had been fully done and none further was asked for. This award was on final decree and after a finding against the wife; it also expressly stated the alimony to be in gross. Such alimony can only be awarded to a successful wife. Mclntire v. Mclntire, 80 Mo. 470; Newmcm v. Newman, 69 Ill. 167; Mclntire v. Mclntire, 24 Mo. App. 166.
1Opinion of the Court
Bond, J,
Plaintiff! sued the defendant for a divorce for alleged indignities rendering her condition *247intolerable. The defendant answered by a cross bill, seeking a divorce for alleged misconduct of the plaintiff. Issues were made, and the cause submitted to the court for decision. After taking time for advisement, the court rendered a decree in favor of defendant on the cross bill, and adjudged against him the costs of the suit and alimony in gross in favor of plaintiff for $200.
This decree was not excepted to, no bill of exceptions containing the evidence was preserved, and no motion for new…
2Cases cited1 opinion
- McIntire v. McIntireSupreme Court of Missouri · 1883
3Cited by2 opinions
- Slaughter v. SlaughterMissouri Court of Appeals · 1904
- Cole v. ColeMissouri Court of Appeals · 1905