Goldsmith v. Goldsmith
Michigan Supreme Court
Appeal from Wayne Circuit in Chancery. The bill was filed for a divorce on the ground of adultery, ■ -alleged to have been committed by the wife. The answer denied the charge under oath. On the hearing, upon proofs, in ‘the court below, a decree was made in accordance with the prayer of the bill, from which defendant appealed. Temporary ■alimony had been granted, which ceased on entry of decree.
1Opinion of the Court
Manning J.:
The power to allow temporary alimony pending proceed-, ings for a divorce, and to compel the husband to furnish the. Wife with pecuniary means to defend or prosecute the suit on her behalf, is incident to divorce cases. It is necessary to the-ends of'justice. "Without this power in the Court, the wife-that should have no separate property of her own, would be. without the requisite means of prosecuting or defending the-, suit, and of supporting herself in the mean time. The statute-relative to divorces says: '“The Court may, in its discretion, require the husband to pay any sum…
2Cases cited3 opinions
- McGee v. McGeeSupreme Court of Georgia · 1851
- Stanford v. StanfordNew York Court of Chancery · 1832
- Williams v. WilliamsNew York Court of Chancery · 1847
3Cited by19 opinions
- Prine v. PrineSupreme Court of Florida · 1895
- Mosher v. MosherNorth Dakota Supreme Court · 1907
- Smith v. SmithSupreme Court of South Carolina · 1898
- O'Brien v. O'BrienOregon Supreme Court · 1899
- Pleyte v. PleyteSupreme Court of Colorado · 1890
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