Shepard v. Shepard

• Decision Date: 04 March 1946
• Docket Number: No. 20700.,20700.
• Citation: 194 S.W.2d 329
• Parties: SHEPARD v. SHEPARD.
• Court: Missouri Court of Appeals

194 S.W.2d 329

SHEPARD v. SHEPARD.

No. 20700.

Kansas City Court of Appeals. Missouri.

March 4, 1946.

Appeal from Circuit Court, Jackson County; Ray G. Cowan, Judge

"Not to be published in State Reports."

Proceeding involving custody of minor child by Bessie M. Shepard against L. E. Shepard. From an order overruling the plaintiff's motion for suit money and attorneys' fees pending her appeal to the Court of Appeals from an adverse judgment, the plaintiff appeals.

Order affirmed.

Homer A. Cope, Cope & Hadsell, D. C. Briggs, and Walter A. Raymond, all of Kansas City, for appellant.

Alfred B. Couch, Marion D. Waltner, and Clarence C. Chilcott, all of Kansas City, for respondent.

CAVE, Judge.

This is an appeal by the plaintiff from an order overruling her motion for suit money and attorneys' fees pending her appeal to this court from an adverse judgment rendered in a companion case, Shepard v. Shepard, 194 S.W.2d 319, handed down herewith.

In support of the motion, plaintiff testified that she had no money or property at the time of the appeal and had not paid her attorneys any fee for perfecting and prosecuting the appeal; that she had borrowed, from her sister, a sufficient amount to pay for the transcript herein; that prior to May 21, 1945, which was a short time before the appeal was taken, she had been earning $30 per week from one employer and had been doing extra work for another employer at 65¢ per hour. She did not state the average weekly wage received from the part time employer, but it does appear that when she was injured on May 21, while working for such employer, she was awarded $10 per week, under the Workmen's Compensation Law, Mo.R.S.A. § 3689 et seq., and it follows that her average weekly wage from that employer would be at least $15. Therefore, before she was injured she had been earning approximately $45 per week. She stated that she expected to return to work the latter part of July, which was a few days after the hearing on this motion.

Defendant testified that his average net earnings were $45 per week; that he was paying the St. Joseph's Home for Girls $25 per month for the keep of their child; that he had no money in the bank or property of any kind except a few small government bonds which were in the name of himself and daughter, and which he expected to use for her education; that he had surrendered most of his bonds to pay the expenses connected with this litigation; that he anticipated being laid off from his work...