Legal Opinion

Hamilton v. Salisbury

Missouri Court of Appeals

Decided December 7, 1908PublishedCited by 6 opinions

Appeal from Randolph Circuit Court. — Hon. Alexander H. Waller, Judge. (1) It was necessary for the wife to defend the action for divorce begun by her husband, that she might, thereby, defend her character and good name, also, protect her rights in the property that had been accumulated since her marriage to her said husband, as the result of their joint efforts, which property was all in the name of her husband.

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Appeal from Randolph Circuit Court. — Hon. Alexander H. Waller, Judge. (1) It was necessary for the wife to defend the action for divorce begun by her husband, that she might, thereby, defend her character and good name, also, protect her rights in the property that had been accumulated since her marriage to her said husband, as the result of their joint efforts, which property was all in the name of her husband. R. S. 1899, sec. 2929. (2) Under the facts in this case the legal services rendered by plaintiff, in defending the wife’s good name and character, relieve her distress, promote her…

1Opinion of the CourtJohnson, J.

Plaintiff, a lawyer, brought this action before a justice of the peace against defendants Avho are husband and wife, to recover an attorney’s fee for services rendered the Avife in a divorce suit instituted by the husband. It appears from the evidence introduced at the trial in the circuit court that the husband had brought suit against his Avife for a divorce on grounds derogatory to her character. She had no means of her own to defend the suit and so told plaintiff at the time she invoked his services in her behalf.' He explained that if she had a meritorious defense, his fees would be…

2Cases cited10 opinions

  1. Conant v. BurnhamMassachusetts Supreme Judicial Court · 1882
  2. Porter v. BriggsSupreme Court of Iowa · 1874
  3. Sprayberry v. MerkSupreme Court of Georgia · 1860
  4. McCurley v. StockbridgeCourt of Appeals of Maryland · 1884
  5. Clyde v. PeavySupreme Court of Iowa · 1888

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3Cited by6 opinions

  1. Schenberg v. SchenbergMissouri Court of Appeals · 1957
  2. Hogsett v. HogsettMissouri Court of Appeals · 1966
  3. Wolf v. FriedmanOhio Supreme Court · 1969
  4. Vickers v. VickersWest Virginia Supreme Court · 1921
  5. Fiorella v. FiorellaMissouri Court of Appeals · 1951

1 more not listed; retrieve them via the Exa API.

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