Vordick v. Vordick
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis County,— Hon. G. A. Wurdeman, Judge. . (1) The deposition of William H. Hauschulte was improperly admitted for the reason that he was under subpoena and had been present in court and testified for defendant and if he was absent it was with defendant’s consent.
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Appeal from the Circuit Court of St. Louis County,— Hon. G. A. Wurdeman, Judge. . (1) The deposition of William H. Hauschulte was improperly admitted for the reason that he was under subpoena and had been present in court and testified for defendant and if he was absent it was with defendant’s consent. There was nothing offered to show the existence of any conditions which , would authorize the reading of the deposition or any part of it and this, testimony should be disregarded in fixing allowance of alimony. Heinbach v. Heinbach, 262 Mo. 69, 87; State v. Miller, 263 Mo. 326, 335; O’Brien v.…
1Opinion of the Court
An action for divorce and alimony. At nisi prius plaintiff was granted a divorce, declared the innocent and injured party, and awarded alimony in gross in the sum of $5000, and an attorney's fee of $300. Upon considering a motion for new trial, the court below modified the judgment for alimony, so as to fix the attorney's fee at $500, and the plaintiff was adjudged alimony in the sum of $9000, on condition that within twenty days she relinquish her inchoate right of dower in defendant's real estate, and that failing so to do, she should recover the sum of $5000 as originally adjudged.…
2Cases cited8 opinions
- Viertel v. ViertelSupreme Court of Missouri · 1908
- Vordick v. VordickSupreme Court of Missouri · 1920
- Gercke v. GerckeSupreme Court of Missouri · 1889
- Lemp v. LempSupreme Court of Missouri · 1913
- Hemm v. JuedeMissouri Court of Appeals · 1910
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3Cited by5 opinions
- In Re the Marriage of PowersMissouri Court of Appeals · 1975
- Simms v. SimmsSupreme Court of Missouri · 1953
- Rudd v. RuddMissouri Court of Appeals · 1929
- Stauffer v. StaufferMissouri Court of Appeals · 1958
- O'Hern v. O'HernMissouri Court of Appeals · 1921