Meyers v. Meyers
| Decision Date | 03 December 1929 |
| Docket Number | 20791 |
| Citation | 22 S.W.2d 853 |
| Parties | MEYERS v. MEYERS. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis Circuit Court; Robert W. Hall, Judge.
“ Not to be officially published.”
Suit by Howard Francis Meyers against Marie Meyers for divorce. Judgment for plaintiff, and defendant appeals. Affirmed.
Ryan & Hopewell, of St. Louis, for appellant.
Anderson, Gilbert & Wolfort, of St. Louis, for respondent.
Under the present state of this record, the nature and character of this action can be stated in no better or more explicit way than the memorandum filed by the trial judge at the time he entered judgment. We copy the same as follows:
"This is a motion filed by the plaintiff to modify a decree of divorce granted on June 7, 1926, and to recall and quash the execution and garnishment which was filed on May 23rd, 1928, in pursuance of the affidavit for execution.
On June 7, 1926, the plaintiff’s petition was dismissed by the Court, and a decree granted the defendant on her cross bill with the custody of a minor child, by name of Allen H. Meyers, and five dollars per week alimony and five dollars per week support for the child, etc. On June 10, 1926, and within four days thereafter, the plaintiff filed his motion for a new trial; and here enters the trouble as outlined in the motion in question. Thereafter the motion for new trial was overruled, and plaintiff was about to take an appeal, and it seemed from the testimony of the defendant’s counsel that there might be some question as to whether or not the decree would stand up, and it was thereafter agreed, in consideration of the plaintiff waiving his right to appeal, that the decree should be modified to read ‘eight dollars per week,’ instead of ten as in accordance with the decree. Nothing was said as to how that eight dollars is to be divided, but there is no question but what the original amount was to be cut to eight dollars. This amount has been consistently paid up to May 23, 1928, when new counsel got into the case, and an affidavit for execution to collect this two dollars per week from the rendition of the original decree was filed. On May 24, 1928, defendant filed her motion to modify the decree, asking that the alimony be increased from the original order.
The testimony shows that the condition of the plaintiff at the present time is less favorable than at the time of the rendition of the decree, as hereinbefore stated, and the oral...
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