Legal Opinion

McCloskey v. McCloskey

Missouri Court of Appeals

Decided December 22, 1896PublishedCited by 10 opinions

Appeal from the St. Louis City Circuit Court. — Hon, Thomas A. Russell, Judge. The court erred in allowing respondent alimony pendente lite, for the sustenance of herself and children, in the face of the fact that it conclusively appears from the record that the wife was living in appellant’s house, and that he furnished her and her children with all of the necessaries of life. Tayman v. Layman, 2 Md. Ch. 393; Anshuts v. Anshutz, 16 N. J. Eq. 162; Adams v. Adams, 49 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon, Thomas A. Russell, Judge. The court erred in allowing respondent alimony pendente lite, for the sustenance of herself and children, in the face of the fact that it conclusively appears from the record that the wife was living in appellant’s house, and that he furnished her and her children with all of the necessaries of life. Tayman v. Layman, 2 Md. Ch. 393; Anshuts v. Anshutz, 16 N. J. Eq. 162; Adams v. Adams, 49 Mo. App.. 592-596. Notwithstanding the rule that pending divorce proceedings a wife must live quietly and modestly, the court…

1Opinion of the CourtBiggs, J.

This is an appeal from an order awarding alimony pendente lite to the defendant. She is sued by the plaintiff for divorce,- and the action is now pending in the circuit court of the city of St. Louis. She asked for allowances for the maintenance of herself and minor children, and also for suit money. The matter was heard and the circuit court made the following order: “It is ordered by the court that the motion heretofore filed herein for alimony pendente lite be and the same is hereby sustained, and that plaintiff so long as defendant and the minor children of said parties occupy the house…

2Cases cited1 opinion

  1. Peyre v. PeyreCalifornia Supreme Court · 1889

3Cited by10 opinions

  1. Meily v. St. Louis & San Franoisco RailroadSupreme Court of Missouri · 1908
  2. Pedersen v. PedersenCourt of Appeals for the D.C. Circuit · 1939
  3. Robertson v. RobertsonMissouri Court of Appeals · 1909
  4. McCloskey v. McCloskeyMissouri Court of Appeals · 1902
  5. White v. WhiteMissouri Court of Appeals · 1958

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