Wares v. Wares
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) “In an action of divorce, a plaintiff is as much entitled to a decree when the evidence establishes a statutory ground of relief, as in any other action, and a court has no discretionary right to refuse it.” Lynch v. Lynch, 87 Mo. App. 32; Ulrey v. Ulrey, 80 Mo. App. 48; Kilpatrick v. Kilpatrick, 80 Mo.
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Appeal from Macon Circuit Court. — Eon. Nat. M. Shelton, Judge. (1) “In an action of divorce, a plaintiff is as much entitled to a decree when the evidence establishes a statutory ground of relief, as in any other action, and a court has no discretionary right to refuse it.” Lynch v. Lynch, 87 Mo. App. 32; Ulrey v. Ulrey, 80 Mo. App. 48; Kilpatrick v. Kilpatrick, 80 Mo. App. 70. (2) A petition for divorce by the wife on the ground of indignities which allege the use of vile, and abusive language, and words reflecting upon the character of plaintiff sufficiently state a cause of action and if…
1Opinion of the CourtBroaddus, P. J.
The plaintiff instituted this suit against defendant for divorce on the 19th day of January, 1906. She alleges many statutory grounds authorizing- a decree in her favor, if substantiated by sufficient proof. It is sufficient to say some of her charges were not well proven, and these we will omit from our consideration.
Some of them, however, in o-ur opinion, are supported by substantial evidence. The parties were married in October, 1902, at which time plaintiff was seventeen years of age and defendant was nineteen years old. Plaintiff, among other things, testified that defendant *131called her a…
2Cases cited1 opinion
- Lynch v. LynchMissouri Court of Appeals · 1901
3Cited by1 opinion
- Miles v. MilesMissouri Court of Appeals · 1909