McDaniel v. Rucker

The sole question of law before the court for consideration at this time is whethér the trial court possesses the jurisdiction to hear and decide the plaintiff’s motion for the allowance of an order requiring the defendant to pay the plaintiff for the temporary support and maintenance of their minor child.

The facts are not in dispute. The plaintiff’s decree for a divorce from the defendant was obtained in the state of Virginia in the year 1912. Service was obtained by publication. The plaintiff was awarded the custody of their child, but the decree was silent as to support and maintenance.…