Geisler v. Geisler

• Decision Date: 15 January 1907
• Citation: 98 S.W. 1023,124 Ky. 292
• Parties: GEISLER v. GEISLER.
• Court: Kentucky Court of Appeals

98 S.W. 1023

124 Ky. 292

GEISLER v. GEISLER.

Court of Appeals of Kentucky.

January 15, 1907

Appeal from Circuit Court, Campbell County.

"To be officially reported."

Action by Emma Geisler against John S. Geisler to recover a certain sum averred to be due under a decree for alimony. From a judgment sustaining demurrer to petition, plaintiff appeals. Affirmed.

Fred B Bassman, for appellant.

M. R Lockhart, for appellee.

HOBSON J.

The common pleas court of Hamilton County, Ohio, on October 12 1891, in the action of Emma Geisler v. John S. Geisler entered the following decree for alimony pendente lite: "This cause came on to be heard this day upon the motion of the plaintiff for an allowance of alimony pendente lite and the evidence, and thereupon the court, with the consent of the defendant, find that said motion is well taken and do grant the same. It is therefore ordered, adjudged, and decreed by the court that the said defendant pay to said plaintiff as such alimony pendente lite, and until further order of this court, the sum of ten ($10.00) dollars per week, the first payment of said sum to be made on the 15th day of November, A. D. 1891; further, that plaintiff shall also have, possess, and enjoy as and for such alimony the following personal property, with the right to use the same at her pleasure, to wit: All her wearing apparel, all the household and kitchen furniture of every description, now in the possession of plaintiff, situated on the premises known as 'No. 275 Breman Street,' in the city of Cincinnati, Hamilton county, Ohio. And the court, coming now to consider the motion of defendant for a dissolution of the injunction heretofore issued herein, find the same not well taken and do overrule the same. It is, however, by the court ordered, adjudged, and decreed that defendant may possess and use the office furniture and books which he has heretofore used in the practice of his profession as an attorney at law, also his books of a miscellaneous character, but that he shall not sell, incumber, or otherwise dispose of, or any part thereof, nor remove the same, or any part thereof, out of the jurisdiction of this court until further order of this court."

On January 23, 1906, Emma Geisler filed her petition in the Campbell circuit court against John S. Geisler, in which she averred that no part of the money allowed her by the above decree had been paid, and that there was now due...