G. D. Hook & Co. v. Miller

Mississippi Supreme Court
G. D. Hook & Co. v. Miller, 126 Miss. 1 (Miss. 1921)
88 So. 481
Smith

G. D. Hook & Co. v. Miller

Opinion of the Court

Smith, C. J.,

delivered the opinion of the court.

This is an appeal from a decree awarding the appellee alimony pendente lite in a proceeding by her for a- divorce. A motion has also been filed by the appellee for alimony pending the disposition of the cause in this court.

It appears from the evidence that the appellee has a separate estate amounting to four thousand two hundred dollars, and there is nothing in the evidence to indicate that it is insufficient to enable her to maintain herself and to prosecute this suit; consequently she is not entitled to alimony pendente lite. Porter v. Porter, 41 Miss. 116; Ross v. Ross, 89 Miss. 66, 42 So. 382.

The motion will be overruled, and the decree appealed from will be reversed and the cause remanded.

Overruled, reversed and remanded.

Reference

Full Case Name
G. D. Hook & Co. v. Miller Evans v. Evans
Cited By
1 case
Status
Published
Syllabus
Divorce. Wife not entitled to alimony pendente lite, where her estate sufficient. The wife is not entitled to alimony pendente lite in proceeding for a divorce, when she has an estate sufficient to enable her to maintain herself and to prosecute the suit.