Scism v. Scism
Missouri Court of Appeals
Appeal from Stoddard County Circuit Court. — Hem. Henry 8. Show, Special Judge. (1) In order to justify the trial court in granting alimony pendente lite, there must he at least a primafacie showing on the part of the wife, where she is the plaintiff, that she is entitled to the relief prayed for in her petition for divorce, and that her suit was brought in good faith and not merely for the purpose of obtaining money from her husband.
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Appeal from Stoddard County Circuit Court. — Hem. Henry 8. Show, Special Judge. (1) In order to justify the trial court in granting alimony pendente lite, there must he at least a primafacie showing on the part of the wife, where she is the plaintiff, that she is entitled to the relief prayed for in her petition for divorce, and that her suit was brought in good faith and not merely for the purpose of obtaining money from her husband. If it appears that her suit is without just or reasonable foundation, or is prompted by malice or oppression towards her husband, or that her husband’s success…
1Opinion of the CourtSturgis, J.
This is a proceeding on motion for alimony pendente lite in a suit for divorce pending between respondent, as plaintiff, and appellant, as defendant. The petition in the divorce suit was filed in the circuit court of Stoddard county, Missouri, returnable to the March term, 1914, thereof. After personal service of summons on the defendant, the plaintiff, on December 15, 1913, filed her motion in said cause asking for temporary alimony. This motion asked for an allowance of $100 as alimony pending the suit and states that plaintiff has no resources with which to prosecute her action herein and…
Also in this document: Concurrence.
2Cases cited7 opinions
- State ex rel. Gercke v. SeddonSupreme Court of Missouri · 1887
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- Libbe v. LibbeMissouri Court of Appeals · 1912
- Adams v. AdamsMissouri Court of Appeals · 1892
- Robertson v. RobertsonMissouri Court of Appeals · 1909
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3Cited by4 opinions
- Price v. PriceMissouri Court of Appeals · 1955
- Ascher v. AscherMissouri Court of Appeals · 1919
- Downing v. DowningMissouri Court of Appeals · 1955
- McPheeters v. McPheetersMissouri Court of Appeals · 1921