Stephan v. Stephan

Decision Date06 June 1922
Docket NumberNo. 17095.,17095.
Citation242 S.W. 425
PartiesSTEPHAN v. STEPHAN.
CourtMissouri Court of Appeals

Appeal from St. Louis Circuit Court; Charles B. Davis, Judge.

"Not to be officially published."

Action by Hilda Stephan against Frank B. Stephan. From judgment allowing plaintiff alimony pending appeal and suit money defendant appeals. Dismissed.

See, also, 242 S. W. 424.

Glendy B. Arnold, of St. Louis, for appellant.

Bass & Bass, of St. Louis, for respondent.

BECKER, J.

Plaintiff below instituted proceedings for divorce against the defendant, and upon a hearing of the case, the court having dismissed same, after an unavailing motion for new trial, she took an appeal. The trial court, upon her motion and by a separate and distinct order after final judgment, allowed her as alimony pending her appeal the sum of $10 per week, together with an allowance of $200 as counsel fees and an allowance of $200 to defray the cost and expenses of said appeal. From this order the defendant in due course brings this appeal.

The appellant having failed to "make out and furnish the court with a clear and concise statement of the case, and the points intended to be insisted on in argument," as required by section 1511, R. S. of Mo. 1919, the appeal will be dismissed. Snyder v. Free, 102 Mo. 325, 14 S. W. 875; Murch v. Nowlin, 178 Mo. App. 492, 163 S. W. 251.

However, we have examined the abstract of the record which has been filed in this case, and are satisfied from the evidence submitted in support of the wife's motion for alimony and suit money pending her appeal that plaintiff was entitled to an allowance, and that the amount allowed her by the court was reasonable and proper.

For the reason assigned above, the appeal is dismissed.

ALLEN, P. J., and DAUES, J., concur.

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4 cases
  • Tebbe v. Tebbe
    • United States
    • Missouri Court of Appeals
    • November 5, 1929
    ...niggardliness of the husband is an indignity and cause for divorce. When the husband is niggardly, the wife is entitled to divorce. Stephen case, 242 S.W. 425. (9) To curse and defame a respectable woman is an indignity and cause for divorce. He G--damned her, called her streetwalker, not d......
  • Tebbe v. Tebbe
    • United States
    • Missouri Court of Appeals
    • November 5, 1929
    ...niggardliness of the husband is an indignity and cause for divorce. When the husband is niggardly, the wife is entitled to divorce. Stephen case, 242 S.W. 425. (9) To curse and defame a respectable woman is an indignity and cause for divorce. He G — damned her, called her streetwalker, not ......
  • Stephan v. Stephan
    • United States
    • Missouri Court of Appeals
    • June 6, 1922
    ...published." Action by Hilda Stephan against Frank B. Stephan. From judgment for defendant, plaintiff appeals. Affirmed. See, also, 242 S. W. 425. Bass & Bass, of St. Louis, for Glendy B. Arnold, of St. Louis, for respondent. BECKER, J. Plaintiff below sued the defendant in an action for div......
  • Ridge v. Ridge
    • United States
    • Missouri Court of Appeals
    • November 4, 1942
    ...as the trial court should have entered. Grove v. Grove, 79 Mo.App. 142; Friedmeyer v. Friedmeyer, Mo.App., 194 S.W. 746; Stephan v. Stephan, Mo.App., 242 S.W. 425. Plaintiff, at the time of the trial, was 54 years of age. He was born in Hannibal, Missouri, and lived most of his life in that......

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