Newton v. Newton
Missouri Court of Appeals
Appeal from Miller Circuit Court. — Hon. E. L. ■ Edwards, Judge. The case is stated in the opinion. (1) The execution in this case was issued without ■authority of law. The order upon which it is based is not binding on defendant. The court could nob make the order for alimony pendente lite in any case ; certainly not in the absence of jurisdiction. The defendant was entitled to his day in court on a legal summons.
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Appeal from Miller Circuit Court. — Hon. E. L. ■ Edwards, Judge. The case is stated in the opinion. (1) The execution in this case was issued without ■authority of law. The order upon which it is based is not binding on defendant. The court could nob make the order for alimony pendente lite in any case ; certainly not in the absence of jurisdiction. The defendant was entitled to his day in court on a legal summons. R. S. 1879, secs. 3283, 3288, 3487, 3488 5 Cloud v. City, 86 Mo. 358. The execution extends over five months after the case was taken from Miller circuit court by change of venue ;…
1Opinion of the CourtHaul, J.
— The plaintiff and defendant are husband and wife. On the twenty-first day of March, 1887, the plaintiff filed a petition for separate maintenance in the circuit court of Miller county on the ground of abandonment by her husband. Summons was issued on March 22, made returnable to the September term, 1887, of the circuit court, and was served on the defendant on March 28, 1887. The spring term of the circuit court began on the last-named day and on that day the plaintiff filed a motion asking for temporary separate maintenance during the pendency of the proceeding theretofore instituted…
2Cases cited1 opinion
- Mellier v. BartlettSupreme Court of Missouri · 1886
3Cited by4 opinions
- Walsmith v. JacksonSupreme Court of Iowa · 1923
- Elvins v. ElvinsMissouri Court of Appeals · 1913
- Schulze v. SchulzeMissouri Court of Appeals · 1923
- State ex rel. Klotz v. RossSupreme Court of Missouri · 1893