Dwyer v. Dwyer
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Thayer, J. If tbe wife suffered such indignities as to render her condition intolerable she was justified in leaving him.
Read the full summary
Appeal from the St. Louis Circuit Court, Thayer, J. If tbe wife suffered such indignities as to render her condition intolerable she was justified in leaving him. And this even if they were not such indignities as would form a basis for divorce, since causes may exist sufficient to justify the wife in leaving her husband even though insufficient to form the basis of an action for divorce. — Gillinwaters v. Gillinwaters, 28 Mo. 61; Lyster v. Ryster, 111 Mass. 327; Hardin v. Hardin, 17 Ala. 253; Cornish v. Cornish, 23 N. J. Eq. 208; iSchroek v. Schroclc, 4 Bush, 682; Pidge v. Pidge, 3 Mete.…
1Opinion of the CourtThompson, J.
The plaiutiff brought this action, for divorce on the ground of abandonment. The answer is a general denial, and also a count in the nature of a cross-bill averring that “ for more than one year prior to the filing hereof, the plaintiff, without any reasonable cause, has deserted, and absented himself from defendant, and has utterly failed, neglected, and refused to provide for defendant’s support, wherefore defendant prays to be divorced,” etc.
The evidence shows that the parties intermarried on the 26th of August, 1873, and that they lived together as husband and wife a little over three…
2Cases cited4 opinions
- Hoffman v. HoffmanSupreme Court of Missouri · 1869
- Gillinwaters v. GillinwatersSupreme Court of Missouri · 1859
- Simpson v. SimpsonSupreme Court of Missouri · 1860
- Dwyer v. DwyerMissouri Court of Appeals · 1876
3Cited by18 opinions
- Price v. PriceMissouri Court of Appeals · 1955
- Campbell v. CampbellMissouri Court of Appeals · 1955
- Davis v. DavisMissouri Court of Appeals · 1895
- Hitchcock v. HitchcockCourt of Appeals for the D.C. Circuit · 1899
- Dwyer v. DwyerMissouri Court of Appeals · 1887
13 more not listed; retrieve them via the Exa API.