Plattner v. Plattner
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. Moses N. Sale, Judge. The court erred in refusing the demurrer to plaintiff’s evidence, because the petition alleged a marriage on the fifteenth day of April, 1890, and plaintiff (after having sworn to three dates of such marriage) admitted that she never was married to defendant on that day or any other, but relied on a common-law marriage. A plaintiff Cannot' allege one cause of action and recover on another.
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Appeal from St. Louis City Circuit Court. — Now. Moses N. Sale, Judge. The court erred in refusing the demurrer to plaintiff’s evidence, because the petition alleged a marriage on the fifteenth day of April, 1890, and plaintiff (after having sworn to three dates of such marriage) admitted that she never was married to defendant on that day or any other, but relied on a common-law marriage. A plaintiff Cannot' allege one cause of action and recover on another. Yall v. Gillham, 187 Mo. 393. “In all cases in which a party alleges that a marriage was celebrated at a particular time and place, he…
1Opinion of the CourtBland, P. J.
The petition alleges that plaintiff was lawfully married to defendant on April 15, 1890; that she continued to live with defendant as his wife until March 25, 1903; that two children were born of the marriage, both of whom have been taken from plaintiff by the defendant. The petition also alleges many incidents of barbarous and inhuman treatment of plaintiff by the defendant, beginning shortly after the marriage and continuing at intervals; to March 25, 1903, on which date, it is alleged, the plaintiff was compelled by ill-treatment to leave the defendant; that they have lived separate and…
2Cases cited5 opinions
- Hynes v. . McDermottNew York Court of Appeals · 1883
- Cargile v. WoodSupreme Court of Missouri · 1876
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- Adair v. MetteSupreme Court of Missouri · 1900
- Banks v. GalbraithSupreme Court of Missouri · 1899
3Cited by6 opinions
- Davis v. StoufferMissouri Court of Appeals · 1908
- State v. HarrisSupreme Court of Missouri · 1920
- Kiesel v. HeneckerWyoming Supreme Court · 1926
- Blair v. PatersonMissouri Court of Appeals · 1908
- Hollinghausen v. AdeSupreme Court of Missouri · 1921
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