Masters v. Masters
Decision Date | 02 September 1958 |
Docket Number | Nos. 30076,30093,s. 30076 |
Citation | 315 S.W.2d 870 |
Parties | Rowe Etta MASTERS (Plaintiff), Respondent, v. Harry V. MASTERS (Defendant), Appellant. Rowe Etta MASTERS (Plaintiff), Respondent, v. Harry V. MASTERS (Defendant), Appellant. |
Court | Missouri Court of Appeals |
Milton F. Napier, St. Louis, for appellant.
William H. Bruce, Jr., St. Louis, for respondent.
This is an action for a divorce wherein the plaintiff was awarded a decree and in addition to granting her the divorce the court awarded alimony in the sum of $1 a year. The defendant appealed only from the award of alimony. Thereafter the plaintiff filed a motion for suit money and attorney's fees to defend the appeal. This was granted by another judge to whom the case had been sent on a change of venue and the defendant again appealed. Both of the appeals were briefed, argued and submitted together, and both are here considered.
The petition for a divorce alleged that the parties were married in May of 1956 and separated in July of 1957. It charged indignities, such as faultfinding, nagging, indifference, coldness, and a refusal by the defendant to 'assume any of the responsibilities of a husband'. It alleged that one child was born of the marriage.
The defendant answered by admitting the marriage and that there was a child born thereof, but the answer denied all averments of misconduct on his part and stated that the plaintiff was not the innocent and injured party.
The cause came on for trial on January 15, 1958, at which time the plaintiff struck from her petition a prayer for attorney's fees and alimony. Both parties were represented by counsel but the defendant offered no evidence.
The plaintiff testified that she was twenty-one years of age and that she lived with her parents. She was employed and her mother took care of her child while she was at work. The child according to the plaintiff was anemic. It was born with one leg shorter than the other and a growth upon its neck. For these ailments it was under the care of physicians. It had required hospitalization in the past and it would need more medical and hospital care in the future. The plaintiff earned at her employment $190 per month after all deductions. She stated that she needed $15 a week for the support of the child, plus the payment of medical and hospital bills. She testified that the defendant earned on an average of $80 to $90 a week. On the question of alimony her interrogation by her counsel was as follows:
'
'
At the conclusion of her interrogation by her counsel the court took over and the following questions were propounded and the following answers were given:
The court then stated: Counsel for the defendant then objected and informed the court that the plaintiff had agreed not to ask for alimony. This was then confirmed by counsel for the plaintiff, who stated, 'Yes, Your Honor, that was the agreement, and we are not requesting any award for alimony.' The court overruled the objection and directed plaintiff's counsel to give a memorandum of the award to the clerk.
In addition to the award of alimony the court ordered the defendant to pay $60 a month for the support of the child. As to the support money there is no complaint but defendant did move to set aside the award of alimony and moved for a new trial. Both motions were overruled and the defendant appealed.
Allowance of alimony to a wife obtaining a divorce is not mandatory. Smith v. Smith, 350 Mo. 104, 164 S.W.2d 921; Knebel...
To continue reading
Request your trial-
Treme v. St. Louis County, 40523
...Boden, 241 Mo.App. 86, 231 S.W.2d 862, 865-866 (1950) (3, 4); Poole v. Poole, 287 S.W.2d 372, 374 (Mo.App.1946) (3); Masters v. Masters, 315 S.W.2d 870, 872 (Mo.App.1958) (1-4). No party requested that the ordinance be amended. No issue was raised in the pleadings and no relief was ever req......
-
Nelson v. Nelson
...part on the same point are: Toth v. Toth, 483 S.W.2d 417 (Mo.App.1972); Chappell v. Nash, 339 S.W.2d 253 (Mo.App.1965); Masters v. Masters, 315 S.W.2d 870 (Mo.App.1958); Moran v. Moran, 286 S.W.2d 389 (Mo.App.1956); Jenkins v. Jenkins, 257 S.W.2d 250 (Mo.App.1953); Edmondson v. Edmondson, 2......
-
Rickard v. Rickard
...raised and submitted the judgment is to that extent void." Hughes v. Wagner, 303 S.W.2d 181, 184 (Mo.App.1957). See also Masters v. Masters, 315 S.W.2d 870 (Mo.App.1958). This is, no doubt, a well settled rule in this jurisdiction. In light of the preceding discussion, however, this rule ha......