Casteel v. Casteel
Supreme Court of Arkansas
APPEAL from /St. Francis Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. 1. The order allowing alimony pendente lite was erroneously made. Counts v. Counts, 30 Arle., 73; Koch v. Koch, 42 Barb., 515; Rhame v. Rhame, 1 McCord, ch, 197. 2. The power of the court to enforce its orders as to maintenance, as in cases of contempt did not authorize it to ■dismiss the complaint of appellant without hearing.
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APPEAL from /St. Francis Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. 1. The order allowing alimony pendente lite was erroneously made. Counts v. Counts, 30 Arle., 73; Koch v. Koch, 42 Barb., 515; Rhame v. Rhame, 1 McCord, ch, 197. 2. The power of the court to enforce its orders as to maintenance, as in cases of contempt did not authorize it to ■dismiss the complaint of appellant without hearing. Phillips v. Welch, 11 Nevada, 187 ; 22 Hj'&.,499 ; Gantt’s Dig., sec. 818 etseq., 820 ; Freeman on Judgments, sec. 137 ; Gal-land v. Galland, 44 Cal., 475 ; In Re Chiles, 22 Wal..…
1Opinion of the CourtEakin, J.
This is a bill by a husband for a divorce. The wife answered and filed a cross complaint, seeking a divorce, alimony and the custody of the children; all of which was granted. The case comes here on the husband’s appeal.
He does not urge it as any error, which he desires this court to correct, that the alimony is made payable for an indefinite time, or that it is made a lien upon the lands and other property constituting his estate. Nor does he urge any error in the finding of the facts upon which the decree in favor of the cross complaint was based. The cause was heard upon oral testimony,…
2Cited by39 opinions
- Cohen v. CohenCalifornia Supreme Court · 1906
- Meeks v. StateSupreme Court of Arkansas · 1906
- Phy v. PhyOregon Supreme Court · 1925
- Blackburn v. MorrisonSupreme Court of Oklahoma · 1910
- Spradling v. SpradlingSupreme Court of Oklahoma · 1919
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