Lukowski v. Lukowski
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) Since onr statute (Revised Statutes 1899, sec. 2926) makes it the duty of the court in decreeing a divorce “to make such order touching alimony and maintenance of the wife and the care, custody and maintenance of the children as shall he reasonable, ’ ’ it must certainly be presumed that the court obeyed the mandate of the statute, and that the allowance of the gross sum of two thousand dollars to the…
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) Since onr statute (Revised Statutes 1899, sec. 2926) makes it the duty of the court in decreeing a divorce “to make such order touching alimony and maintenance of the wife and the care, custody and maintenance of the children as shall he reasonable, ’ ’ it must certainly be presumed that the court obeyed the mandate of the statute, and that the allowance of the gross sum of two thousand dollars to the wife, together with the care and custody of the children, was an adjudication that this was the full measure of her…
1Opinion of the CourtBland, P. J.
(after stating the facts). — In view of all the evidence, the allowance is a very reasonable one, if the plaintiff is entitled to anything at all. The contention of defendant is that the plaintiff’s demand is one which can not be legally allowed against the estate, for the reason that the decree of divorce, so long as it stands, furnishes the measure of the rights and obligations of the parties to that decree. That if the decree was inadequate or failed to furnish support to the minor children, plaintiff’s remedy, and only remedy, was to apply to the divorce court for a modification of the…
2Cases cited6 opinions
- Cox v. BoyceSupreme Court of Missouri · 1899
- Rankin v. RankinMissouri Court of Appeals · 1900
- Keller v. City of St. LouisSupreme Court of Missouri · 1899
- McCloskey v. McCloskeyMissouri Court of Appeals · 1902
- Lancaster v. ElliottMissouri Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kelly v. KellySupreme Court of Missouri · 1932
- Robinson v. RobinsonSupreme Court of Missouri · 1916
- Hagemann v. PinskaMissouri Court of Appeals · 1931
- Desch v. DeschSupreme Court of Colorado · 1913
- La Rue v. KempfMissouri Court of Appeals · 1914
8 more not listed; retrieve them via the Exa API.