Legal Opinion

McIntire v. McIntire

Supreme Court of Missouri

Decided October 15, 1883PublishedCited by 34 opinions

Error to Holt Circuit Court. — Hon. H. S. Kelley, Judge. The court exceeded its jurisdiction in allowing alimony to the wife when the decree for the divorce was in favor of the husband.

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Error to Holt Circuit Court. — Hon. H. S. Kelley, Judge. The court exceeded its jurisdiction in allowing alimony to the wife when the decree for the divorce was in favor of the husband. E. S. 1879, §§ 2179, 2180, 2182, 2183; 1 Bishop on Marriage and Divorce, (6 Ed.) § 573; Nucross v. Rogers, 30 Vt. 588; Thorn v. Kuthan, 51 Vt. 520; Gildhall v. Raymond, 1 Strange 647; Williams v. Rrince, 3 Stro. 490 • 2 Bishop Marriage and Divorce, § 376Duval v. Duval, 13 Mass. 264; Dean v. Richmond, 5 Pick. 461. A court of equity has no inherent power to decree alimony. 16 Mich. 162; 2 Bishop Marriage and…

1Opinion of the Court

Martin, C.

The plaintiff sued for a divorce, alleging that the defendant had offered to her such indignities as rendered her condition in life intolerable, also indicating the character of the indignities. The defendant denied the charges against him, and by way of cross-bill asked for a divorce on the ground of cruel and barbarous treatment inflicted upon him by the plaintiff. There is no bill of exceptions in the case, and we are necessarily confined to the record in our review of errors.

The trial resulted in a decree of divorce in favor of the defendant against the plaintiff'. It gives the…

2Cases cited13 opinions

  1. Bateson v. ClarkSupreme Court of Missouri · 1865
  2. Sweet v. MaupinSupreme Court of Missouri · 1877
  3. Doyle v. DoyleSupreme Court of Missouri · 1858
  4. Ames v. GilmoreSupreme Court of Missouri · 1875
  5. Miller v. DavisSupreme Court of Missouri · 1872

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

3Cited by34 opinions

  1. McDougal v. McDougalMissouri Court of Appeals · 1955
  2. Lilly v. MenkeSupreme Court of Missouri · 1894
  3. Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
  4. Smith v. SmithSupreme Court of Missouri · 1942
  5. Willis v. WillisMissouri Court of Appeals · 1954

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

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