Gross v. Gross
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». Walter B. Douglas, Judge. (1) This is a suit in equity and will be considered and reviewed by this court de novo. Chapline v. Stone, 77 Mo.
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Appeal from St. Louis City Circuit Court. — Ho». Walter B. Douglas, Judge. (1) This is a suit in equity and will be considered and reviewed by this court de novo. Chapline v. Stone, 77 Mo. App. 525; Bene v. Schnecko, 100 Mo. 258; McElroy v. McElroy, 101 Mo. 308. (2) It appears in the proof of plaintiff that he, after discovering the condition of the defendant, continued to live and cohabit with her with the hope that she would ultimately get all right, which hope in the end he was compelled to abandon. He is not estopped, when every hope is gone for her final recovery, from seeking the relief…
1Opinion of the CourtBarclay, J.
This is a suit to annul the marriage between plaintiff and defendant on the ground that defendant, the wife, was of unsound mind at the time of the ceremony and incapable of entering into' the contract of union. Defendant at the beginning of the suit and when the case was tried was in an asylum for the insane. The circuit court appointed a guardian ad litem to represent her. The guardian filed an answer admitting the marriage and defendant’s present insanity and denying the other facts of plaintiff’s petition, the substance of which consists of charges that plaintiff when only seventeen years…
2Cases cited1 opinion
- Johnson v. JohnsonSupreme Court of Missouri · 1870
3Cited by2 opinions
- Estate of Guthery v. WetzelMissouri Court of Appeals · 1920
- DeMedio v. DeMEDIOSuperior Court of Pennsylvania · 1969