Stewart v. Stewart
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The chancery court was without jurisdiction to allow temporary alimony after the decree for divorce was rendered and while same was still standing in full force and effect. Tb ere was then no ‘‘pendency of an action for divorce.”
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The chancery court was without jurisdiction to allow temporary alimony after the decree for divorce was rendered and while same was still standing in full force and effect. Tb ere was then no ‘‘pendency of an action for divorce.” Kirby’s Digest, § 2679; 102 Ala. 353; 34 Minn. 441. 2. If the proceedings to set aside the decree can be construed to bring the question of alimony, etc., within the meaning and intent of the statute supra, then the order granting appellee alimony, etc., was nevertheless erroneous, because no…
1Opinion of the CourtMcCulloch, C. J.
Appellant, John F. Stewart, in December, 1910, sued his wife, the appellee, Sarah G. Stewart, in the chancery court of Pulaski County, Arkansas, for a divorce, on the alleged ground of wilful desertion, and on February 17, 1911, the court rendered a decree in accordance with the prayer of the complaint.
Appellee resided at Topeka, Kansas, and the decree was based upon constructive service. In July, 1911, appellee filed a petition in the chancery court to have said decree annulled on the alleged ground that it was obtained by fraud, and she also asked for an allowance for maintenance and…
2Cases cited3 opinions
- Johnson v. ColemanWisconsin Supreme Court · 1868
- Womack v. WomackSupreme Court of Arkansas · 1904
- Golden v. GoldenSupreme Court of Alabama · 1893
3Cited by7 opinions
- Anderson v. AndersonSupreme Court of Arkansas · 1954
- Murphy v. MurphySupreme Court of Arkansas · 1940
- Reeves v. CongerSupreme Court of Arkansas · 1912
- Edwards v. EdwardsSupreme Court of Arkansas · 1933
- Lewis v. LewisSupreme Court of Arkansas · 1949
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