Kelly v. Kelly

This case comes to this court from the Springfield Court of Appeals by reason of the dissent of one of the judges of that court who deemed the majority opinion in conflict with Rankin v. Rankin, 83 Mo. App. 335, a decision by the St. Louis Court of Appeals, and also in conflict with Laumeier v. Laumeier,308 Mo. 201, in this court which the majority opinion professed to follow but distinguished. The Court of Appeals decision is reported in 11 S.W.2d 1107.

The case was tried in the Circuit Court of Lawrence County where judgment went against plaintiff on a demurrer to the petition, and plaintiff…