Gercke v. Gercke
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. James A. Seddon, Judge. (1) This court will examine the evidence adduced below. (2) The charges on the petition are not sustained by the evidence, and her alimony should, therefore, be a minimum amount. Busier v. Brpsler, 72 Iowa, 159; Allen v. Allen, 2 Cent. Rep. 390. (3) Plaintiff has voluntarily separated herself from her husband without sufficient cause, and this must weigh in passing on her claim for alimony.
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Appeal from St. Louis City Circuit Court.—Hon. James A. Seddon, Judge. (1) This court will examine the evidence adduced below. (2) The charges on the petition are not sustained by the evidence, and her alimony should, therefore, be a minimum amount. Busier v. Brpsler, 72 Iowa, 159; Allen v. Allen, 2 Cent. Rep. 390. (3) Plaintiff has voluntarily separated herself from her husband without sufficient cause, and this must weigh in passing on her claim for alimony. Yanduzar v. Yanduzar, 70 Iowa, 614. (4) She still retains her inchoate dower right in defendant’s real estate. Rea v. Rea, 5 West. R.…
1Opinion of the CourtBrace, J.
This is an appeal from the judgment of the circuit court of the city of St. Louis, in which the plaintiff was, by the decree of said court, granted a divorce from her husband, the said Henry Gercke, defendant, allowed alimony in gross in the sum of six thousand dollars, one hundred and seventy-five dollars attorney’s fees and pendente lite the appeal thirty-five dollars per month to be credited on the alimony in gross. The defendant appealed not only from the allowance in gross, but from the allowance pendente lite, gave bond, and has paid nothing on account of alimony pending the appeal to…
2Cited by13 opinions
- Carr v. CarrSupreme Court of Missouri · 1950
- State Ex Rel. Couplin v. HostetterSupreme Court of Missouri · 1939
- Viertel v. ViertelSupreme Court of Missouri · 1908
- Brinker v. BrinkerSupreme Court of Missouri · 1950
- Vordick v. VordickSupreme Court of Missouri · 1920
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