Robertson v. Robertson
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. It is well settled that the allowance of temporary alimony is not a matter of right, and where the plaintiff who asks for temporary alimony has sufficient property in her own right to conduct the action and to maintain herself during its pendency, she is not entitled to temporary alimony. Adams v. Adams, 49 Mo. App. 592; McClosky v. McClosky, 68 Mo. App. 199; Penningroth v. Penningroth, 71 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. It is well settled that the allowance of temporary alimony is not a matter of right, and where the plaintiff who asks for temporary alimony has sufficient property in her own right to conduct the action and to maintain herself during its pendency, she is not entitled to temporary alimony. Adams v. Adams, 49 Mo. App. 592; McClosky v. McClosky, 68 Mo. App. 199; Penningroth v. Penningroth, 71 Mo. App. 438; 2 Am. and Eng. Ency. of L. (2 Ed.), 105, 106, 125. (1) The statute provides that the court may decree alimony pending the…
1Opinion of the CourtBroaddus, P. J.
— This is an appeal from an order of the court allowing plaintiff alimony in the divorce suit pending, $40 per month for maintenance and $300 for suit money and attorney’s fees. The parties were married July 3,1908, and-separated September 23,1908. The wife’s suit is based upon indignities she suffered at the hands of defendant.-
On the hearing of the motion for the allowance, it was shown in evidence that a few days before plaintiff and defendant were married he conveyed to her a residence numbered 1610 Central street in Kansas City, which was encumbered with a mortgage for $6,000, and gave…
2Cases cited5 opinions
- State ex rel. Gercke v. SeddonSupreme Court of Missouri · 1887
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- Adams v. AdamsMissouri Court of Appeals · 1892
- Penningroth v. PenningrothMissouri Court of Appeals · 1897
- McCloskey v. McCloskeyMissouri Court of Appeals · 1896
3Cited by13 opinions
- Graves v. WoodenMissouri Court of Appeals · 1956
- Noll v. NollMissouri Court of Appeals · 1956
- Harriman v. HarrimanMissouri Court of Appeals · 1955
- Gregg v. GreggMissouri Court of Appeals · 1954
- Richardson v. RichardsonMissouri Court of Appeals · 1954
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