Legal Opinion

Hauck v. Hauck

Missouri Court of Appeals

Decided February 5, 1918PublishedCited by 8 opinions

Appeal from the Circuit Court of the City of St. Louis. —Hon. James E. Withrow, Judge. (1) The judgment being for alimony gave the court a continuing jurisdiction and control over the parties 'and subject-matter of alimony and the court should have sustained plaintiff’s motion to require security, which was omitted in the decree. Schmidt v. Schmidt, 26 Mo. 236; Burnside v. Wand, 77 Mo. App. 39Ó; Francis v. Francis, 192 Mo.

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Appeal from the Circuit Court of the City of St. Louis. —Hon. James E. Withrow, Judge. (1) The judgment being for alimony gave the court a continuing jurisdiction and control over the parties 'and subject-matter of alimony and the court should have sustained plaintiff’s motion to require security, which was omitted in the decree. Schmidt v. Schmidt, 26 Mo. 236; Burnside v. Wand, 77 Mo. App. 39Ó; Francis v. Francis, 192 Mo. App. 710; Sec. 2375, R. S. 1909; Coughlin v. Ehlert, 39 Mo. 286; Cole v. Cole, 89 Mo. App. 228. (2) All that portion of the decree which relates to the subject of alimony…

1Opinion of the CourtReynolds, P. J.

It appears that by judgment of date July 1, 1903, in an action for divorce, in which appellant here was plaintiff, and respondent defendant, appellant was divorced from respondent, awarded the custody of their- minor son, then, as we gather, about seven years of age, and allowed $15 a month, payable monthly, for the maintenance of the boy. It also appears that an execution was issued on that judgment and a nulla bona return made on it by the sheriff on October 2, 1903, and a proceeding by garnishment sued out, to which the garnishee made answer December 14, 1903, denying any indebtedness, and…

2Cases cited5 opinions

  1. Biffle v. PullamSupreme Court of Missouri · 1893
  2. Chapman v. ChapmanSupreme Court of Missouri · 1917
  3. Francis v. FrancisMissouri Court of Appeals · 1915
  4. Dreyer v. DickmanMissouri Court of Appeals · 1908
  5. Burnside v. WandMissouri Court of Appeals · 1898

3Cited by8 opinions

  1. Nelson v. NelsonSupreme Court of Missouri · 1920
  2. Mayes v. MayesSupreme Court of Missouri · 1938
  3. Hagemann v. PinskaMissouri Court of Appeals · 1931
  4. In Re Marriage of HoltSupreme Court of Missouri · 1982
  5. Stern v. SternSupreme Court of Florida · 1954

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