Nelson v. Nelson
Supreme Court of Missouri
Appeal from the Jackson Circuit Court. — Hon. 0. A. Lucas, Judge. (1) Respondent is estopped by the judgment of, revival upon scire facias from now asserting any matters which could have been raised or asserted. Wood & Oliver v. Ellis, 10 Mo. 382; Ellis v. Jones, 51 Mo. 187; George v. Middough, 62 Mo. 551; Walsh v. Bosse, 16 Mo.
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Appeal from the Jackson Circuit Court. — Hon. 0. A. Lucas, Judge. (1) Respondent is estopped by the judgment of, revival upon scire facias from now asserting any matters which could have been raised or asserted. Wood & Oliver v. Ellis, 10 Mo. 382; Ellis v. Jones, 51 Mo. 187; George v. Middough, 62 Mo. 551; Walsh v. Bosse, 16 Mo. App. 238; State v. Woerner, 33 Mo. 216; 35 Cyc. 1154, 1159-1160. (2) Appellant’s remarriage did not ipso facto dissolve the obligation to pay alimony. Still-man v. Stillman, 99 111. 196; Cole v. Cole, 142 111. 19; Craig v. Craig, 163 111. 176; Gordon v. Baker, 182…
1Opinion of the Court
RAGLAND, C.
On the 19th day of January, 1903, appellant secured in the Circuit Court for Jackson County a decree of divorce from respondent, wherein she was awarded alimony from year to year, payable in monthly installments of thirty-five dollars, beginning on the 20th day of January next ensuing. On the 23rd day of August, 1904, she was remarried to one Wallace, .from whom she later obtained a divorce and the restoration of her former name of Nelson. Respondent never paid a single installment of the alimony and the record does not disclose that the appellant, ever took any steps to enforce…
2Cases cited13 opinions
- Sistare v. SistareSupreme Court of the United States · 1910
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Craig v. CraigIllinois Supreme Court · 1896
- Southworth v. TreadwellMassachusetts Supreme Judicial Court · 1897
- Biffle v. PullamSupreme Court of Missouri · 1893
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3Cited by66 opinions
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- Cary v. CarySupreme Court of Connecticut · 1930
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