King v. King
Missouri Court of Appeals
Appeal from the Saline Circuit, Court. — Hon. Richard Field, Judge. (1) The court erred in refusing to allow Mrs. King (the appellant) to testify as to indignities offered her, and particularly as to epithets applied to her by defendant in conversations between themselves. Miller v. Miller, 14 Mo.
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Appeal from the Saline Circuit, Court. — Hon. Richard Field, Judge. (1) The court erred in refusing to allow Mrs. King (the appellant) to testify as to indignities offered her, and particularly as to epithets applied to her by defendant in conversations between themselves. Miller v. Miller, 14 Mo. App. 419 ; Barrier v. Barrier, 58 Mo. 222; Henry v. Sneed, 99 Mo. 415. (2) The court also erred in refusing to permit Florence King to testify as to what her mother, the plaintiff, said to her immediately after her mother’s face had been beaten and bruised on the twenty-second of September, 1888. It…
1Opinion of the CourtEllison, J.
Plaintiff began this suit for divorce from the defendant, her husband, and custody of minor children, alleging, as grounds of divorce, indignities, consisting of alleged cruel treatment, opprobrious epithets and assault and battery. There was no cross-bill. The trial court after hearing the testimony dismissed the petition, and plaintiff appeals.
It is urged that the court erred in not permitting plaintiff to testify as to epithets spoken to her by defendant. Such matter has been several times held to be such a communication as falls within the spirit and terms of the law concerning the sacred…
2Cases cited4 opinions
- Miller v. MillerMissouri Court of Appeals · 1883
- Nichols v. NicholsMissouri Court of Appeals · 1890
- Buck v. AshbrookSupreme Court of Missouri · 1873
- Rice ex rel. Owen v. ArnoldMissouri Court of Appeals · 1894
3Cited by14 opinions
- Urbach v. UrbachWyoming Supreme Court · 1937
- Jacobs v. JacobsSupreme Court of Minnesota · 1917
- Libbe v. LibbeMissouri Court of Appeals · 1911
- Archuleta v. ArchuletaSupreme Court of Colorado · 1912
- Price v. PriceMissouri Court of Appeals · 1958
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