Nichols v. Nichols
Missouri Court of Appeals
Appeal from the Cedar Circuit Court. — Hon. I). P. Stratton, Judge. (i) The circuit court ought to have given the defendant a decree of divorce upon his cross-bill. Its allegations constituted new matter, which, not having •been replied to, stood admitted, and it was, therefore, admitted that the plaintiff had abandoned him, without reasonable cause, for more than one year, which, under the statute, would entitle him to a divorce.
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Appeal from the Cedar Circuit Court. — Hon. I). P. Stratton, Judge. (i) The circuit court ought to have given the defendant a decree of divorce upon his cross-bill. Its allegations constituted new matter, which, not having •been replied to, stood admitted, and it was, therefore, admitted that the plaintiff had abandoned him, without reasonable cause, for more than one year, which, under the statute, would entitle him to a divorce. R. S., secs. 3545, 3525 and 2174. (2) It is manifest that the finding against the plaintiff was equivalent to a finding that her charges of cruelty and ill…
1Opinion of the CourtSmith, P. J.
The plaintiff sued defendant for a divorce on the double grounds of cruelty and personal indignities. The defendant filed a cross-bill alleging abandonment by plaintiff. The plaintiff did not controvert, by any pleading, the allegations of the cross-bill. The circuit court, after hearing the .'evidence on both sides, dismissed the petition and the cross-bill. The defendant brings the case here by appeal.
I. The defendant contends that he is entitled to a decree: (1) On the pleadings, since his cross-bill was not controverted by the plaintiff, and (2) on the evidence as adduced in the case. As…
2Cases cited6 opinions
- Snell v. HarrisonSupreme Court of Missouri · 1884
- Sharpe v. McPikeSupreme Court of Missouri · 1876
- Hodges v. BlackSupreme Court of Missouri · 1882
- Griveaud v. St. Louis Cable & Western Railway Co.Missouri Court of Appeals · 1889
- Goodson v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- King v. KingMissouri Court of Appeals · 1890
- Libbe v. LibbeMissouri Court of Appeals · 1911
- Maget v. MagetMissouri Court of Appeals · 1900
- Paul v. Minneapolis Threshing Machine Co.Missouri Court of Appeals · 1901
- Torlotting v. TorlottingMissouri Court of Appeals · 1899
5 more not listed; retrieve them via the Exa API.