Legal Opinion

Burnside v. Wand

Missouri Court of Appeals

Decided December 13, 1898PublishedCited by 6 opinions

Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The circuit court had full power under the statute, as well as by express reservation in the decree, to-modify the alimony order. It is the policy of the law in this state to keep the question of alimony and custody of children at all times within the control of the court.

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Appeal from the St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. The circuit court had full power under the statute, as well as by express reservation in the decree, to-modify the alimony order. It is the policy of the law in this state to keep the question of alimony and custody of children at all times within the control of the court. Section 4505, Revised Statutes, provides that when a divorce shall be adjudged, the court shall make such order touching the alimony and maintenance of the wife, and care, custody and maintenance of the children, or any of them, as from the…

1Opinion of the CourtBiggs, J.

The plaintiff herein obtained a decree of divorce from her husband James Burnside at the June term, 1894, of the circuit court of the city of St. Louis. The portion of the decree as to alimony is as follows: “And it is further ordered, adjudged and decreed by the court, that for the alimony and maintenance of Elizabeth J. Burnside, and the maintenance of said minor children, the sum of fifty dollars per month is to be paid by the said James Burnside to the said Elizabeth J. Burnside on the first day of each month, the first payment to be due and payable on July 1st, 1894, and fifty dollars to…

2Cases cited1 opinion

  1. Wright v. WrightWisconsin Supreme Court · 1889

3Cited by6 opinions

  1. Wand v. RyanSupreme Court of Missouri · 1902
  2. Hauck v. HauckMissouri Court of Appeals · 1918
  3. Jourdan v. JourdanMissouri Court of Appeals · 1952
  4. Mangold v. MangoldMissouri Court of Appeals · 1956
  5. Stern v. SternSupreme Court of Florida · 1954

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