Legal Opinion

Long v. Long

Missouri Court of Appeals

Decided May 5, 1913PublishedCited by 3 opinions

Appeal from Jasper Circuit Court, Division Number Two. — Eon. Davicl E. Blair, Judge. (1) A wife is a competent witness to protests made by ber to ber husband against excessive sexual intercourse. Maget v. Maget, 85 Mo. App. 6. (2) Excessive sexual intercourse amounts to cruelty entitling a wife to a divorce when it impairs ber health. Máget v. Maget, 85 Mo.

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Appeal from Jasper Circuit Court, Division Number Two. — Eon. Davicl E. Blair, Judge. (1) A wife is a competent witness to protests made by ber to ber husband against excessive sexual intercourse. Maget v. Maget, 85 Mo. App. 6. (2) Excessive sexual intercourse amounts to cruelty entitling a wife to a divorce when it impairs ber health. Máget v. Maget, 85 Mo. App. 6; Gardner v. Gardner, 58 S. W. 342; Mahew v. Mahew, 23 Atl. 966; Walsh v. Walsh, 61 Mich. 554; Melvin v. Melvin, 42 Am. R. 605; Cole v. Cole, 23 Iowa, 440. (3) The mere presence of the husband when the wife commits a crime raises a…

1Opinion of the CourtFabbington, J.

This is a suit for divorce and alimony filed by Emma Lee Long against her husband, Elisha Long, in the circuit court of Jasper county. Unsuccessful there, she has perfected her appeal to this court, and the entire record'is before us in the printed abstract.

In her petition, plaintiff sets forth the necessary and ordinary allegations of a petition for a divorce, and alleges that there were born of the mariage four children, ranging in age from eighteen to five years. Her charges are that her husband compelled her on frequent occasions, when she was pregnant, to submit to an abortion in order…

2Cases cited1 opinion

  1. Wyrick v. WyrickMissouri Court of Appeals · 1912

3Cited by3 opinions

  1. Esworthy v. EsworthyMissouri Court of Appeals · 1928
  2. Cherry v. CherrySupreme Court of Missouri · 1914
  3. Gedwell v. GedwellMissouri Court of Appeals · 1914

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