Legal Opinion

Messervy v. Messervy

Supreme Court of South Carolina

Decided May 9, 1908No. 6906PublishedCited by 5 opinions

Before Memminger, J., Charleston, August, 1907. Action 'by Pearl C. Messervy, by guardian ad litem, against John: E. Messervy. Prom order requiring defendant to pay suit money and alimony pendente lite, defendant appeals. cite: Alimony can only be awnrded out of estate or income of husband: 10 Rich.

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Before Memminger, J., Charleston, August, 1907. Action 'by Pearl C. Messervy, by guardian ad litem, against John: E. Messervy. Prom order requiring defendant to pay suit money and alimony pendente lite, defendant appeals. cite: Alimony can only be awnrded out of estate or income of husband: 10 Rich. Bq., 426; 44 E. R. A., 725. cite: Judge has jurisdiction at chambers to award temporary alimony and suit money: 51 S. C., 379. And they may be so awarded when the marriage is denied by defendant: 1- Ency. P. & P., 421, 422; 2 Ibid, 103; 10 Am. R., 460; 71 N. Y., 270; 1 Bdw. Gh. (N. Y.), 255; 16…

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Justice Jones.

Plaintiff, by her guardian ad litem, commenced an action in the Court of Common Pleas for Charleston county against defendant, on January 10, 1907, for permanent alimony and for expenses and charges necessary to obtain the same. The verified complaint alleged her marriage to defendant on the 2d day of September, 1906, followed by cohabitation with him' until September 4, 1906, when he deserted 'her without cause, and has ever since failed and neglected to provide for her; that she had no means of support and was compelled to return to…

2Cases cited7 opinions

  1. Hyer v. Holmes & Co.Court of Appeals of Georgia · 1913
  2. Alston v. LimehouseSupreme Court of South Carolina · 1901
  3. Eidenmuller v. EidenmullerCalifornia Supreme Court · 1869
  4. Smith v. SmithSupreme Court of South Carolina · 1898
  5. Anderson v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Messervy v. MesservySupreme Court of South Carolina · 1910
  2. Hornsby v. HornsbySupreme Court of South Carolina · 1938
  3. Holloway v. Holloway Et Ux.Supreme Court of South Carolina · 1944
  4. Brunson v. BrunsonSupreme Court of South Carolina · 1913
  5. Rembert v. RembertSupreme Court of South Carolina · 1909

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