Legal Opinion

Slaughter v. Slaughter

Missouri Court of Appeals

Decided April 4, 1904PublishedCited by 8 opinions

Appeal from Macon Circuit Court. — How. N. M. Shelton, Judge. (1) Plaintiff assigns as error in the above-entitled cause the action of the court- in awarding alimony in gross to the defendant in the sum of three hundred dollars, after having found that plaintiff was the innocent and injured party, and after having decreed to plaintiff an absolute divorce from defendant for defendant’s fault, R. S. 1899, sec. 2929; Mclntire v. Mclntire, 80 Mo. 470. (2) The error is palpable…

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Appeal from Macon Circuit Court. — How. N. M. Shelton, Judge. (1) Plaintiff assigns as error in the above-entitled cause the action of the court- in awarding alimony in gross to the defendant in the sum of three hundred dollars, after having found that plaintiff was the innocent and injured party, and after having decreed to plaintiff an absolute divorce from defendant for defendant’s fault, R. S. 1899, sec. 2929; Mclntire v. Mclntire, 80 Mo. 470. (2) The error is palpable and may he corrected upon a writ of error. De Hoog v. De Hoog, 65 Mo. App. 246. (1) We understand the rule has been in…

1Opinion of the CourtBroaddus, J.

Prom the judgment in this case both plaintiff and defendant have respectively prosecuted a writ of error. The action is for divorce. Plaintiff, who obtained a decree, complains of the action of the court below in rendering judgment against him for alimony. The defendant’s complaint is, that the plaintiff’s petition did.’ not state a cause of action, therefore the court committed error in granting him a divorce. We will consider the plaintiff’s case first:

There can be no question hut what it was error to render judgment against plaintiff for .alimony, for the decree granting him a divorce…

2Cases cited3 opinions

  1. McIntire v. McIntireSupreme Court of Missouri · 1883
  2. Jackson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
  3. DeHoog v. DeHoogMissouri Court of Appeals · 1896

3Cited by8 opinions

  1. Poteet v. PoteetNew Mexico Supreme Court · 1941
  2. Judge v. DurhamMissouri Court of Appeals · 1955
  3. Rudd v. RuddMissouri Court of Appeals · 1929
  4. Elliott v. ElliottMissouri Court of Appeals · 1909
  5. Morgan v. MorganMissouri Court of Appeals · 1955

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