King v. King
King v. King
Opinion of the Court
A judge of the court of common pleas is ex officio a judge of the district court, and as such is empowered to grant temporary alimony pending an appeal with respect to permanent alimony. 72 Ohio L. 145, § 9; 75 Ohio L. 749, § 13; Rev. Stats. § 5701. The order thus made in such special proceeding (75 OhioL. 726; 2 Rev. Stats. 1361), is in its nature final, and may be reviewed on error. 75 Ohio L. 804, § 1; Rev.
The remaining question is as to the effect of the marriage of Julia Ring on the orders for temporary alimony, and on the power of the district court to award permanent alimony. With respect to the orders for temporary alimony, we are unable to say, from this record, that the marriage should have any effect whatever. It does not appear, that by such marriage her condition has been so changed as to render the orders unjust or inequitable. And while the question as to the power of the district court, under such circumstances, to award permanent alimony, may not be wholly free from doubt, we are all of opinion that the power existed. A decree for alimony is not affected by the subsequent marriage of the woman to whom it is granted, in the absence of a provision in the decree that it shall have such effect, although such marriage may, in some cases, afford sufficient ground for reducing the amount. See Rev. Stats, pt. 3, tit. 1, div. 7, ch. 6; Stillman v. Stillman, 99 Ill. 196; s. c., 20 Am. L. Reg. 667, 673, note; 9 West. L. Jour. 548; Lockwood v. Krum, 34 Ohio St. 1; 2 Bishop’s M. & D. § 429. Here, alimony was awarded in the common pleas, and although the decree was in form vacated by the appeal, the object sought by the appellant was not to escape from the payment of any alimony, but simply to obtain a review and reduc
Judgments affirmed
Case-law data current through December 31, 2025. Source: CourtListener bulk data.