Legal Opinion

Fullhart v. Fullhart

Missouri Court of Appeals

Decided November 28, 1904PublishedCited by 13 opinions

Appeal from Putnam Circuit Court.—Hon. P. C. Stepp, Judge. (1) The order of the court granting alimony, in this case is a final one, and one from which an appeal will lie. State ex rel. v. Sedden, 93 Mo. 520. (2) It is error to render judgment for alimony, pendente lite before the marriage has been admitted or proved. Wagoner v. Wagoner, 6 Mo.

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Appeal from Putnam Circuit Court.—Hon. P. C. Stepp, Judge. (1) The order of the court granting alimony, in this case is a final one, and one from which an appeal will lie. State ex rel. v. Sedden, 93 Mo. 520. (2) It is error to render judgment for alimony, pendente lite before the marriage has been admitted or proved. Wagoner v. Wagoner, 6 Mo. App. 572. (3) It must appear that the suit was instituted in good faith and that it is not prosecuted for the mere purpose of obtaining money from the husband. Adams v. Adams, 49 Mo. App. 600. (4) The attorney must show that his •client had probable…

1Opinion of the CourtSmith, P. J.

On the 21st day of March, 1903, the plaintiff filed a petition for divorce in which it was alleged that defendant was guilty of such cruel and barbarous treatment as to endanger plaintiff’s life-specifying in what. On the same day the plaintiff filed a motion for alimony in which it was alleged that she “had several minor children with her” and was wholly without means of support and maintenance; that the defendant was seized and possessed of real and personal property of the value of $30,000, wherefore she moved the court “to allow her such sum for the prosecution of her said suit for…

2Cases cited3 opinions

  1. State ex rel. Gercke v. SeddonSupreme Court of Missouri · 1887
  2. Waters v. WatersSupreme Court of Missouri · 1872
  3. Adams v. AdamsMissouri Court of Appeals · 1892

3Cited by13 opinions

  1. Bell v. BellSupreme Court of Alabama · 1926
  2. Pedersen v. PedersenCourt of Appeals for the D.C. Circuit · 1939
  3. Gross v. GrossMissouri Court of Appeals · 1959
  4. Hogsett v. HogsettMissouri Court of Appeals · 1966
  5. Kiddle v. KiddleNebraska Supreme Court · 1911

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