Mangels v. Mangels
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. The court erred in referring the case. — Bishop’s Mar. & Div., sects. 21, 264 ; Wag. Stats-. 533, sect. 2. Consent will not confer jurisdiction.— Cooley’s Const.
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Appeal from St. Louis Circuit Court. The court erred in referring the case. — Bishop’s Mar. & Div., sects. 21, 264 ; Wag. Stats-. 533, sect. 2. Consent will not confer jurisdiction.— Cooley’s Const. Lim. 398, note 2. A stipulation that the case may be referred is nugatory. — Storm v. Gorbett, 20 Mo. 350; Dodson v. Scruggs, 47 Mo. 285; The State v. Googger, 45 Mo. 64. The allowance of an attorney’s fee is in the nature of an allowance of alimony pendente lite. — Waters v. Waters, 49 Mo. 385. Allowance of alimony pendente lite is in the discretion of the court. — Dehlamosa v. Dehlamosa, 62 N.…
1Opinion of the CourtBakewell, J.
This was an action for divorce. By consent of parties, in writing, the cause was referred to a referee to try all the issues in the case. The referee found for plaintiff. Exceptions to the report, filed by defendant, were overruled, and the report confirmed, and judgment entered for plaintiff; from which defendant appeals.
It is contended that the court erred in referring the cause. The Practice Act provides that “ an issue of fact in an *483action for the recovery of money or property only, or of specific personal property, must be tried by a jury, unless-a jury-trial be waived, or a reference…
2Cases cited3 opinions
- Waters v. WatersSupreme Court of Missouri · 1872
- Le Barron v. Le BarronSupreme Court of Vermont · 1862
- Purcell v. PurcellNew York Court of Chancery · 1838
3Cited by10 opinions
- Alldredge v. AlldredgeUtah Supreme Court · 1951
- Chapman v. ChapmanSupreme Court of Missouri · 1917
- Wallman v. WallmanNevada Supreme Court · 1924
- State ex rel. Crombie v. Superior CourtWashington Supreme Court · 1915
- Chapman v. ChapmanMissouri Court of Appeals · 1916
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