Schmidt v. Schmidt
Supreme Court of Missouri
Error to Buchanan Court of Common Pleas. This was a suit for divorce by Henrietta E. Schmidt against Herman P. Schmidt. The cause was tried by the court. The court rendered a decree in favor of plaintiff. In the finding of the facts made by the court it is not stated that plaintiff was the innocent and injured party. It appears from the finding that “ there was no evidence introduced showing the annual income of the party belonging to defendant.”
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Error to Buchanan Court of Common Pleas. This was a suit for divorce by Henrietta E. Schmidt against Herman P. Schmidt. The cause was tried by the court. The court rendered a decree in favor of plaintiff. In the finding of the facts made by the court it is not stated that plaintiff was the innocent and injured party. It appears from the finding that “ there was no evidence introduced showing the annual income of the party belonging to defendant.” The court found that he had property worth about $1100. The court gave plaintiff the custody of her child and allowed her $150 for her support for…
1Opinion of the CourtScott, Judge
There is nothing in the objection to the decree that the court failed to find the plaintiff to be the injured and innocent party, as the statute only makes that necessary when the proceeding is ex parte. As both parties appeared to the suit, the provision of the statute to which reference has been made is not applicable.
We do not see the point of the objection to that part of the decree allowing alimony. All that portion of the decree which relates to the subject of alimony, is subject to the future control of the court. In the allowance of alimony the court is not restricted to the income of…
2Cited by4 opinions
- Harrison v. HarrisonMissouri Court of Appeals · 1960
- Francis v. FrancisMissouri Court of Appeals · 1915
- McElvain v. McElvainMissouri Court of Appeals · 1927
- Hansen v. HansenMissouri Court of Appeals · 1947