Lynch v. Lynch
Missouri Court of Appeals
Appeal from Phelps Circuit Court. — Hon. L. B. Woodside, Judge. (1) The petition in this case is insufficient. It stated conclusions of law only. Story v. Ins. Co., 61 Mo. App. 534. Manker v. Eaulhaber et ah, 94 Mo. 430. A legal cause of action must be stated. Webber v. Life Ins. Co., 5 Mo. App. 51. (2) In the case at bar there was no legal cause of action stated in the petition, because the petition stated only conclusions of law.
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Appeal from Phelps Circuit Court. — Hon. L. B. Woodside, Judge. (1) The petition in this case is insufficient. It stated conclusions of law only. Story v. Ins. Co., 61 Mo. App. 534. Manker v. Eaulhaber et ah, 94 Mo. 430. A legal cause of action must be stated. Webber v. Life Ins. Co., 5 Mo. App. 51. (2) In the case at bar there was no legal cause of action stated in the petition, because the petition stated only conclusions of law. The objection that it does not state a cause of action is not waived by failure to demur, nor is it cured by the finding of the court. Webber v. Life Ins. Co., 5…
1Opinion of the CourtGoode, J.
These parties were married in June, 1898, and lived together after a fashion until May, 1899, when there *34was a separation resulting in the plaintiff filing her petition to be.divorced in August of that year. The grounds alleged are the following indignities: deserting plaintiff for several months, refusing to eat at the table with her, charging her with allowing other men in her room during the appellant’s absence and telling her he would never live with her. An amendment of the petition was permitted before the evidence was heard, alleging the grievances last stated, in regard to refusing to…
2Cases cited6 opinions
- Long v. MartinSupreme Court of Missouri · 1899
- Ayers v. AyersMissouri Court of Appeals · 1887
- Ulrey v. UlreyMissouri Court of Appeals · 1899
- Utley v. TolfreeSupreme Court of Missouri · 1883
- Schierstein v. SchiersteinMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Willis v. WillisMissouri Court of Appeals · 1954
- O'Hern v. O'HernMissouri Court of Appeals · 1921
- Wald v. WaldMissouri Court of Appeals · 1906
- Rose v. RoseMissouri Court of Appeals · 1908
- Allfree v. AllfreeMissouri Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.