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85 Miss. 126

Reed v. Reed

Mississippi Supreme Court

Decided November 15, 1904

Mississippi Supreme Court · decided 1904-11-15

From the chancery court of Tunica county. Hon. Carey O. Moody, Chancellor. The appellee, Amelia Reed, was complainant, and the appellant, Alonzo L. Reed, was defendant in the court below. Bill by Amelia Reed against Alonzo L. Reed for divorce and alimony. Defendant answered the bill under oath, denying the-marriage and alleging that plaintiff at the' time of her marriage to defendant was married to another and had obtained no divorce.

Good law ✅— No negative treatment on recordhow we know

Decided 1904-11-15

How this case has been cited

Cited by 14 later decisions — most recently April 1995

14 state decisions

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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.

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Whitfield, C. J.,

¶1delivered the opinion of the court.

¶2The 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.

¶3Reversed and remanded.

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