Reed v. Reed

Mississippi Supreme Court
Reed v. Reed, 85 Miss. 126 (Miss. 1904)
Whitfield

Reed v. Reed

Opinion of the Court

Whitfield, C. J.,

delivered the opinion of the court.

The learned chancellor seems to have held that under no circumstances could evidence be heard against allowing alimony *128pendente lite. The general rule is, of course, that sucb alimony will be allowed, and the merits not inquired into. But it is equally well settled that where the answer denies there ever, was a marriage, and that averment, clearly, from the showing made, appears to be true, no alimony pendente lite should be allowed; and this'for the reason, as stated in McFarland v. McFarland, 64 Miss., 449 (1 South., 508), that marriage is the very foundation of the wife’s right to support. It would be monstrous that the law should require the payment of alimony pendente lite to one who clearly never was a wife. Some prima facie showing of marriage- must be made when it is allowed. So are all the authorities. See Am. & Eng. Ency. Law, vol. 7, p. 101, with notes.

Reversed and remanded.

Reference

Full Case Name
Alonzo L. Reed v. Amelia Reed
Cited By
15 cases
Status
Published
Syllabus
Marriage and Divorce. Alimony pendente Ute. ImoaUdity of marriage.. A complainant in a suit for divorce who is the undivoreed wife of another is not entitled to recover of the defendant alimony pendente Ute, and the defendant may show in defense of an application for the same the truth of his answer under oath-denying the validity of his marriage to complainant because of' her relation as wife to another person.