Legal Opinion

Smith v. Smith

Michigan Supreme Court

Decided February 27, 1905No. Docket No. 34PublishedCited by 22 opinions

Appeal from Wayne; Donovan, J. Bill by Edwin W. Smith against Elma L. Smith for a divorce: On petition for an order reducing the amount of alimony. From an order awarding a gross amount, defendant appeals.

1Opinion of the CourtCarpenter, J.

In March, 1903, a decree of divorce was granted in this case on the cross-bill of defendant. That decree gave defendant the custody of the only child of the parties, and awarded her permanent alimony of $75 per month. May 25, 1904, on the petition of complainant, an order was made materially reducing the permanent alimony awarded defendant. From this order defendant appeals to this court.

We cannot on this record review the original decree. We must assume that the award of alimony in that decree was in every respect proper. The question for our consideration is this: Have such new facts arisen…

2Cases cited3 opinions

  1. State ex rel. Brown v. BrownWashington Supreme Court · 1903
  2. Perkins v. PerkinsMichigan Supreme Court · 1864
  3. Chandler v. ChandlerMichigan Supreme Court · 1871

3Cited by22 opinions

  1. Newburn v. NewburnSupreme Court of Iowa · 1930
  2. Nixon v. WrightMichigan Supreme Court · 1906
  3. Renn v. RennMichigan Supreme Court · 1947
  4. Kelly v. KellyMichigan Supreme Court · 1916
  5. Sherman v. KentMichigan Supreme Court · 1923

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