Pate v. Pate
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. It is not necessary to allege a year’s residence, where the cause of action accrued within this State. — Cheatham v. Cheatham, 10 Mo. 296. The jurisdiction is determined by the whole record, and not by isolated portions. — Brown v. Woody, 64 Mo. 548. A wife may sustain her action for divorce on the husband’s domicile, though living abroad herself. —Mastín y.
Read the full summary
Appeal from St. Louis Circuit Court. It is not necessary to allege a year’s residence, where the cause of action accrued within this State. — Cheatham v. Cheatham, 10 Mo. 296. The jurisdiction is determined by the whole record, and not by isolated portions. — Brown v. Woody, 64 Mo. 548. A wife may sustain her action for divorce on the husband’s domicile, though living abroad herself. —Mastín y. Mastín, 15 N. H. 159 ; Harrison v. Harrison, 20 Ala. 629 ; Kashaw v. Kashaw, 3 Cal. 312 ; Davis v. Davis, 30 111. 180. cited Cheatham v. Cheat-ham, 10 Mo. 296 ; Kruse v. Kruse, 25 Mo. 68 ; ColeY. Cole,…
1Opinion of the CourtBakewell, J.
This is a bill for divorce. The defendant, after the answer and replication had been filed, moved to dismiss on the ground that the petition does not contain allegations essential to confer jurisdiction on the court, in that it is not alleged that plaintiff was a resident of St. Louis County when the petition was filed, and that it is not alleged that plaintiff has resided in this State for one whole year next before the filing of her petition. The motion was sustained and the bill dismissed ; and plaintiff appeals.
The petition alleges that the injuries complained of were committed by…
2Cases cited4 opinions
- Kansas City, St. Joseph & Council Bluffs R. R. v. Campbell, Nelson & Co.Supreme Court of Missouri · 1876
- Gist v. LoringSupreme Court of Missouri · 1875
- Kruse v. KruseSupreme Court of Missouri · 1857
- Cheatham v. CheathamSupreme Court of Missouri · 1847
3Cited by19 opinions
- Martin v. MartinSupreme Court of Alabama · 1911
- Mollring v. MollringSupreme Court of Iowa · 1918
- Morgan v. MorganSupreme Court of Connecticut · 1925
- Phelps v. PhelpsMissouri Court of Appeals · 1952
- Werz v. WerzMissouri Court of Appeals · 1881
14 more not listed; retrieve them via the Exa API.