McGrady v. McGrady
Missouri Court of Appeals
Appeal from the Pettis Circuit Court.- — Hon. Richaed Field, Judge. (1) The statute on which this suit is based (R. S. 1889, sec. 6856) is the ninth section of the act of 1845, amended, and is but the assertion of the old. equitable doctrine, inherited in our country from the ecclesiastical courts, and which, having been denied in some of the states and allowed in others, has finally found place in the statute laws of most of the states, as in ours.
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Appeal from the Pettis Circuit Court.- — Hon. Richaed Field, Judge. (1) The statute on which this suit is based (R. S. 1889, sec. 6856) is the ninth section of the act of 1845, amended, and is but the assertion of the old. equitable doctrine, inherited in our country from the ecclesiastical courts, and which, having been denied in some of the states and allowed in others, has finally found place in the statute laws of most of the states, as in ours. It is simply “alimony without divorce.” The matter is, hence, controlled by the principles regulating alimony. The terms “alimony” and…
1Opinion of the CourtEllison, J.
Plaintiff and defendant are husband and wife, and this action was instituted under the provisions of section 6856, Revised Statutes, 1889, by the plaintiff wife against defendant for maintenance. The result below was a judgment in favor of plaintiff for $200 for her'expense and support up to date of judgment, and $25 per month, thence on. Said monthly sum to .continue to be paid until the further, order of the court. Plaintiff and defendant resided on a farm of one hundred and sixty acres in Pettis county, and for a long period prior to their separation had not lived in harmony. They had four…
2Cases cited5 opinions
- McGee v. McGeeSupreme Court of Georgia · 1851
- Hedrick v. HedrickIndiana Supreme Court · 1891
- Brown v. BrownMichigan Supreme Court · 1871
- Farley v. FarleySupreme Court of Iowa · 1870
- Abey v. AbeySupreme Court of Iowa · 1871
3Cited by8 opinions
- Forbis Ex Rel. Davis v. ForbisMissouri Court of Appeals · 1955
- Paxton v. PaxtonIndiana Court of Appeals · 1981
- Polster v. PolsterMissouri Court of Appeals · 1909
- Carder v. CarderMissouri Court of Appeals · 1933
- Kindorf v. KindorfMissouri Court of Appeals · 1913
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