Bender v. Bender
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) In the exercise of its' judicial discretion, the court may, upon consideration of a motion for alimony pendente lite, inquire into the merits of the pending controversy; and should do so if the action appears upon the face of the verified pleadings to he frivolous and merely for the purpose of extorting money from the husband. Adams v. Adams, 49 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) In the exercise of its' judicial discretion, the court may, upon consideration of a motion for alimony pendente lite, inquire into the merits of the pending controversy; and should do so if the action appears upon the face of the verified pleadings to he frivolous and merely for the purpose of extorting money from the husband. Adams v. Adams, 49 Mo. App. 592; 2 Bishop on Marriage and Divorce, see. 936; 14 Cyc. 754. (2) In fixing the amount of an award of alimony pendente lite, it is error for the court to estimate…
1Opinion of the CourtAllen, J.
This is an appeal from an order granting alimony pendente lite. On October 22, 1912, plaintiff, respondent here, instituted a suit for divorce against the defendant, returnable to the December term, 1912, of the circuit court of the city of St. Louis. On December 20, 1912, on plaintiff’s motion, the court made an order upon defendant to pay plaintiff alimony pendente lite in the sum of sixty dollars per month, to begin January 1, 1913, payable in semimonthly payments of thirty dollars each; and it is from this order that the appeal is prosecuted.
It appears that defendant and plaintiff were…
2Cases cited5 opinions
- Penningroth v. PenningrothMissouri Court of Appeals · 1897
- Creasey v. CreaseyMissouri Court of Appeals · 1913
- Rutledge v. RutledgeMissouri Court of Appeals · 1909
- Robertson v. RobertsonMissouri Court of Appeals · 1909
- Davis v. DavisMissouri Court of Appeals · 1913
3Cited by3 opinions
- Graves v. WoodenMissouri Court of Appeals · 1956
- Woods v. WoodsMissouri Court of Appeals · 1942
- Gilsey v. GilseyMissouri Court of Appeals · 1918