Scism v. Scism

• Decision Date: 29 June 1914
• Docket Number: No. 1256.,1256.
• Citation: 167 S.W. 455,184 Mo. App. 543
• Parties: SCISM v. SCISM.
• Court: Missouri Court of Appeals

167 S.W. 455

184 Mo. A. 543

SCISM v. SCISM.

No. 1256.

Springfield Court of Appeals. Missouri.

June 29, 1914.

1. DIVORCE (§ 211) — ALIMONY PENDENTE LITE—EVIDENCE—MERITS OF SUIT.

While if it appears, on a preliminary hearing for alimony pendente lite, that the wife's suit for divorce is without any just or reasonable foundation, no allowance should be made, it is not necessary that there be a full hearing, or that the court be satisfied that a divorce will or should be granted; but making the allowance is largely in the court's discretion, to be interfered with only for manifest abuse.

2. DIVORCE (§ 214) — ALIMONY PENDENTE LITE—PLEADINGS.

Though all the facts tending to show right to divorce, proved on hearing for alimony pendente lite, are not within the allegations of the petition for divorce, an allowance may be made, as the petition may be amended before final hearing.

Appeal from Circuit Court, Stoddard County; Henry S. Shaw, Special Judge.

Suit by Constance Scism against W. Ransom Scism for divorce. From an order allowing plaintiff suit money, defendant appeals. Affirmed.

Mozley & Woody, of Bloomfield, for appellant. Fort & Green, of Bloomfield, for respondent.

STURGIS, J.

This is a proceeding on motion for alimony pendente lite in a suit for divorce pending between respondent, as plaintiff, and appellant, as defendant. The petition in the divorce suit was filed in the circuit court of Stoddard county, Mo., returnable to the March term, 1914, thereof. After personal service of summons on the defendant, the plaintiff, on December 15, 1913, filed her motion in said cause asking for temporary alimony. This motion asked for an allowance of $100 as alimony pending the suit, and states that plaintiff has no resources with which to prosecute her action herein, and that defendant is the owner of real and personal property of the value of $5,000. On December 19, 1913, this motion was taken up by the court, both parties appearing, and after hearing the evidence, the court entered an order in favor of plaintiff and against the defendant, allowing her the sum of $100 as suit money. The petition for divorce alleges that plaintiff and defendant had lived together after their marriage in 1908 for about five years; that during their married life defendant had threatened to leave the plaintiff because of her doing sewing for her own folks, and would not treat them courteously when they (her father and mother) visited them; that defendant several times visited one young lady at Cape Girardeau, Mo., and wrote letters to another young lady in Oklahoma, and on plaintiff's asking about these affairs, defendant gave her no explanation, but asked her what part of his property she wanted to set him free; that he several times told her he did not love her, and that he would take her home and never call for her again; that they had separated once before, but on his acknowledging his wrong and promising to be kind and good to her, they resumed their marital relations; that he then induced her to join in making a deed to some land owned by him, conveying the same to his father and mother; that thereupon he again began his bad treatment of her and again told her to get ready and he would take her to her old home and never come after her; that they then finally separated. It is thereupon alleged that defendant has property of the value of $5,000, but that plaintiff is wholly without means of support, or for prosecution of this suit, and a judgment is asked for divorce and permanent alimony. On the hearing of this motion for temporary alimony the court heard the evidence of both plaintiff and defendant and that of one or two witnesses on plaintiff's behalf. It would serve no useful purpose to set out or comment on this evidence. It purports only to be a prima facie showing, and the court did not go very extensively into the real merits of ...