G. D. Hook & Co. v. Miller
Mississippi Supreme Court
Appeal from chancery court of Leflore county. Hon. G. E. Williams, Chancellor. Suit by. Mrs. Ella Evans against William T. Evans for divorce. From a decree awarding plaintiff alimony pendente lite, defendant appeals. Motion was also made by plaintiff for alimony pending a disposition of the cause by the supreme court. Motion overruled, decree reversed, and cause remanded.
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Appeal from chancery court of Leflore county. Hon. G. E. Williams, Chancellor. Suit by. Mrs. Ella Evans against William T. Evans for divorce. From a decree awarding plaintiff alimony pendente lite, defendant appeals. Motion was also made by plaintiff for alimony pending a disposition of the cause by the supreme court. Motion overruled, decree reversed, and cause remanded. For some reasons satisfactory to counsel for appellee they have disregarded the burden that is upon them of proving : First: That she is without means to maintain herself and to properly conduct her suit. Porter v. Porter,…
1Opinion of the CourtSmith, C. J.
This is an appeal from a decree awarding the appellee alimony pendente lite in a proceeding by her for a- divorce. A motion has also been filed by the appellee for alimony pending the disposition of the cause in this court.
It appears from the evidence that the appellee has a separate estate amounting to four thousand two hundred dollars, and there is nothing in the evidence to indicate that it is insufficient to enable her to maintain herself and to prosecute this suit; consequently she is not entitled to alimony pendente lite. Porter v. Porter, 41 Miss. 116; Ross v. Ross, 89 Miss. 66, 42 So.…
2Cases cited2 opinions
- Porter v. PorterMississippi Supreme Court · 1866
- Ross v. RossMississippi Supreme Court · 1906
3Cited by1 opinion
- Rees v. ReesMississippi Supreme Court · 1940