McMakin v. McMakin
Missouri Court of Appeals
Appeal from the Maries Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The court erred in striking out appellant’s answer.
Read the full summary
Appeal from the Maries Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The court erred in striking out appellant’s answer. R. S. 1889, sec. 4505; State ex rel. v, Court of Appeals, 99 Mo. 216; State ex rel. v. Sedden, 93 Mo. 520. (2) The court erred in refusing to allow appellant to introduce testimony to show his- inability to pay the judgments for alimony pendente lite and attorneys’ fees and also to show that he was not the owner of any real estate; that he had parted with title to all his real estate long prior to the separation of himself and respondent and long prior to the…
1Opinion of the CourtSmith, P. J.
D£ony:E¿tr'king out answer. This is an action for divorce. Pendente lite, the circuit court gave judgment for plaintiff for a certain sum for alimony and ordered execution to go therefor, if not paid by a date therein stated. The defendant having failed to . _ _ discharge the judgment so rendered against him, the court on motion of the plaintiff struck out the answer and cross bill, and at the trial refused to permit defendant to introduce any evidence in his behalf. There was a decree for the plaintiff from which the defendant has appealed.
The only question which we are obliged to decide is…
2Cases cited8 opinions
- Brinkley v. . BrinkleyNew York Court of Appeals · 1871
- Coughlin v. EhlertSupreme Court of Missouri · 1866
- Gordon v. GordonIllinois Supreme Court · 1892
- Roberts v. StonerSupreme Court of Missouri · 1853
- Peel v. PeelSupreme Court of Iowa · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cain v. MillerNebraska Supreme Court · 1922
- Chapman v. ChapmanSupreme Court of Missouri · 1917
- Rutlader v. RutladerMissouri Court of Appeals · 1967
- Trough v. TroughWest Virginia Supreme Court · 1906
- In re KinsolvingMissouri Court of Appeals · 1909
9 more not listed; retrieve them via the Exa API.