Public-domain · open source
OpenJurist

40 Mich. 528

Cooper v. Mayhew

Michigan Supreme Court

Decided April 8, 1879

Michigan Supreme Court · decided 1879-04-08

<p>Temporary alimony — Guardian’s admissions not binding.</p> <p>An order for temporary alimony is discretionary and not final. A guardian ad litem cannot bind his ward by his admissions against her.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1879-04-08

How this case has been cited

Cited by 8 later decisions — most recently December 1935

8 state decisions

301879188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1Cooper had filed a bill of divorce against Jennie Mayhew, an infant, on tbe ground that she bad defrauded him into a marriage with ber. An order was made granting ber temporary alimony, and tbe appeal was taken from this order.

¶2Tbe guardian ad litem of tbe defendant is claimed to have admitted bis ward’s fraud, but be has no right to bind ber by bis admissions, and tbe fraud cannot, therefore, be held to have been admitted. Tbe case, therefore, cannot be distinguished in principle from an ordinary divorce case, and in such cases it is within tbe discretion of tbe court to make an interlocutory allowance, which this court will not review. Tbe order is not a final order, and is not subject to appeal.

¶3Motion to dismiss granted.

/40/mich/528 · .json · Public domain