Stein v. Stein

Ohio Court of Appeals

Stein v. Stein

6 Ohio Law. Abs. 501, 1928 Ohio Misc. LEXIS 916

CourtOhio Court of Appeals

DecidedJune 25, 1928

DocketNo. 8758

StatusPublished

Cited by1 cases

This text of 6 Ohio Law. Abs. 501 (Stein v. Stein) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Stein v. Stein, 6 Ohio Law. Abs. 501, 1928 Ohio Misc. LEXIS 916 (Ohio Ct. App. 1928).

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Opinion

PULL TEXT.

BY THE COURT:

At the September Term, 1926, of the Court of Common Pleas, Katherine Stein was awarded a decree of divorce from Louis Stein and was decreed alimony for the support of the children of the marriage at the rate of Fifty Dollars per month. In the decree appears an agreement to the effect that the plaintiff in error would remove from the house then occupied by her and owned by Jacob Stein. At the September Term, 1927, Jacob Stein sought to have the plaintiff adjudged in contempt of court for her failure to vacate the property. Thereafter, the Court of Common Pleas, at the September Term, 1927, decreed that the plaintiff should receive Fifteen Dollars per month only for the support of her children unless she vacated the property. The court was without power to make this order. It was made in the absence of the plaintiff in error and without notice to her of any application to that effect, and no application was in fact made.

The situation is governed by the principle laid down in Hetrick v. Wilson, 12 OS. 136.

(Middleton, PJ., Mauck and Lemert, JJ., com cur.)

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PULL TEXT.

BY THE COURT:

At the September Term, 1926, of the Court of Common Pleas, Katherine Stein was awarded a decree of divorce from Louis Stein and was decreed alimony for the support of the children of the marriage at the rate of Fifty Dollars per month. In the decree appears an agreement to the effect that the plaintiff in error would remove from the house then occupied by her and owned by Jacob Stein. At the September Term, 1927, Jacob Stein sought to have the plaintiff adjudged in contempt of court for her failure to vacate the property. Thereafter, the Court of Common Pleas, at the September Term, 1927, decreed that the plaintiff should receive Fifteen Dollars per month only for the support of her children unless she vacated the property. The court was without power to make this order. It was made in the absence of the plaintiff in error and without notice to her of any application to that effect, and no application was in fact made.

The situation is governed by the principle laid down in Hetrick v. Wilson, 12 OS. 136.

(Middleton, PJ., Mauck and Lemert, JJ., com cur.)

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6 Ohio Law. Abs. 501, 1928 Ohio Misc. LEXIS 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stein-v-stein-ohioctapp-1928.

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