Pain v. Pain
Missouri Court of Appeals
Appeal from the Lawrence County Circuit Court. . Hon. M. Gr. McG-regor, Judge. (1) A. N. Clark was married and resided in the neighborhood in which appellant was raised and has ever lived in this state, He went from this state more than nine years before his wife married the defendant, and he had never returned to this state nor been heard from. He was presumed to be dead and appellant had a right to act on that presumption. R. S. 1879, sec. 2330; Hancock, Adm'r, v. Ins.
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Appeal from the Lawrence County Circuit Court. . Hon. M. Gr. McG-regor, Judge. (1) A. N. Clark was married and resided in the neighborhood in which appellant was raised and has ever lived in this state, He went from this state more than nine years before his wife married the defendant, and he had never returned to this state nor been heard from. He was presumed to be dead and appellant had a right to act on that presumption. R. S. 1879, sec. 2330; Hancock, Adm'r, v. Ins. Co., .62 Mo. 31; Lancaster, Adm’r, v. Ins. Co., 62 Mo. 141, (121); Kanz v. Great Council Imp. O. R. M., 13 Mo. App. 341; 1…
1Opinion of the CourtBiggs, J.
The plaintiff alleged that she and the defendant were married in October, 1886. For causes of divorce the plaintiff alleged personal abuse and indignities, and that she was driven from home by the defendant and not permitted to return.
The defendant answered, denying the allegations of the plaintiff’s petition, except the alleged marriage of the plaintiff and the defendant.
The defendant, by way of cross-bill, asked that the contract of marriage between plaintiff and himself be declared a nullity, and that he be divorced, for the reason that at the date of the marriage he believed that the…
2Cases cited1 opinion
- Glass v. GlassMassachusetts Supreme Judicial Court · 1874
3Cited by5 opinions
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- Graham v. GrahamNew Jersey Court of Chancery · 1892
- Sams v. SamsMissouri Court of Appeals · 1937