Davis v. Davis
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. S. W. Moore, Special Judge. (1) Upon the evidence in tbis cause the court erred in granting to the respondent a divorce. In this state to entitle a party to a dissolution of the marriage tie on the ground of desertion the other must have absented himself or herself without reasonable cause for the space of one year. Bailey v. Bailey, 21 G-ratt, 43-47; Coxv.
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Appeal from the Jackson Circuit Court. — Hon. S. W. Moore, Special Judge. (1) Upon the evidence in tbis cause the court erred in granting to the respondent a divorce. In this state to entitle a party to a dissolution of the marriage tie on the ground of desertion the other must have absented himself or herself without reasonable cause for the space of one year. Bailey v. Bailey, 21 G-ratt, 43-47; Coxv. Cox, 35 Mich. 461, 463; Crow v. Grow, 23 Ala. 523. (2) The absence of appellant, of which respondent complains, was voluntarily produced and continued by him, and to which he consented, and in…
1Opinion of the CourtSmith, P. J.
This is an • action of divorce, the ground thereof being that of desertion. The answer was a general denial, coupled with the charge of adultery. There was a trial in the court below, resulting in a decree for plaintiff, from which defendant has appealed.
The first question which is presented for our decision by the defendant’s appeal is whether the charge made in the petition, that the defendant has absented herself without a reasonable cause for the space of one year, is sustained by the evidence contained in the *548record before us. The determination of this question has imposed upon us the…
2Cases cited12 opinions
- Rucker v. HarringtonMissouri Court of Appeals · 1893
- Hoffman v. HoffmanSupreme Court of Missouri · 1869
- Doyle v. DoyleSupreme Court of Missouri · 1858
- Owen v. OwenMissouri Court of Appeals · 1892
- Dwyer v. DwyerMissouri Court of Appeals · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Price v. PriceMissouri Court of Appeals · 1955
- Campbell v. CampbellMissouri Court of Appeals · 1955
- Gruner v. GrunerMissouri Court of Appeals · 1914
- Creasey v. CreaseyMissouri Court of Appeals · 1912
- Torlotting v. TorlottingMissouri Court of Appeals · 1899
6 more not listed; retrieve them via the Exa API.