Carter v. Carter
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. Alonzo D. Burnes, Judge. (1) Plaintiff’s petition is not sufficient to constitute a cause of action for divorce, and does not give the court jurisdiction to try the cause. R. S. 1899, sec. 2921. In every case where a divorce is sought, it should appear plainly on the face of the petition that the facts giving jurisdiction to the court exists; and if they do not appear on the face of the petition, the court can take no valid step.
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Appeal from Clinton Circuit Court. — Hon. Alonzo D. Burnes, Judge. (1) Plaintiff’s petition is not sufficient to constitute a cause of action for divorce, and does not give the court jurisdiction to try the cause. R. S. 1899, sec. 2921. In every case where a divorce is sought, it should appear plainly on the face of the petition that the facts giving jurisdiction to the court exists; and if they do not appear on the face of the petition, the court can take no valid step. Werz v. Werz, 11 Mo. App. 26. (2) The fact that plaintiff has resided in this State for one whole year next before the…
1Opinion of the CourtBroaddus, J.
The amended petition on which this case was tried alleges: “That on the — day of —, 1872. in the county of Clinton, in the State of Missouri, he was lawfully married to the defendaut. That plaintiff continued to live with the defendant as her husband from and after the day and year aforesaid until the — day of March, 1896, last past; that during all that time plaintiff faithfully demeaned himself as the husband of defendant, and at all times treated her with kindness and affection; but the said defendant wholly disregarded her duties as the wife of the plaintiff, has absented herself without…
2Cases cited2 opinions
- Collins v. CollinsMissouri Court of Appeals · 1893
- Smith v. SmithMissouri Court of Appeals · 1892
3Cited by9 opinions
- Stansbury v. StansburyMissouri Court of Appeals · 1906
- Johnson v. JohnsonMissouri Court of Appeals · 1902
- Arndt v. ArndtMissouri Court of Appeals · 1914
- Coulter v. CoulterMissouri Court of Appeals · 1907
- Garver v. GarverMissouri Court of Appeals · 1910
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