Sanchez v. Sanchez

Citations

• 21 Fla. 346

Syllabus

<p>1. Alimony is defined, in its legal sense, to be that proportion of the husband’s estate which is judicially allowed and allotted to a wife for her sustenance and livelihood during the period of their separation. Where a prima facie cause of action, or defence in divorce, appears, upon proper application the court will ordinarily grant such alimony and money for the expenses of the suit, not as of strict right in the wife, but as of sound judicial discretion.</p> <p>2. In proceedings taken by the wife in an action by the husband for alimony and suit money, the husband should have due notice of the time and place of such application to the court, and an 0 pportunity to oppose, and the record should show that such was the case.</p> <p>3. The record affirmatively shows, that while the proceedings for such order of allowance were taken before the Judge of the Fourth Circuit, who is alleged to have appointed a master, the cause being pending in the Fifth Circuit, it nowhere appears how; when,, or by what means the Judge of the Fourth Circuit obtained ju-f risdiction. Nor does the name of such master appear in the record ; Held, That the record should affirmatively show that the-jurisdiction of the Judge of the Fourth Circuit was acquired in. compliance with Chapter 373, Laws 1851.</p> <p>4. An order for alimony and suit money made on the application of the> wife, where it does not appear by the record that the husband-was duly notified of the motion, and had an opportunity of. op-posing, will be set aside.</p> <p>5. All subsequent proceedings in such case, based upon such order so. illegally made, as an order for an attachment as for contempt in not complying therewith, are void .and of no effect.</p>