Ayers v. Ayers
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Leroy B. Yalliant, Judge. It is competent for the plaintiff in a divorce suit to testify to con, versations between himself and the defendant, when no. one else was present. Rev. Stat., 1879, sect. 4010 Moore v. Moore, 51 Mo. 118; Paul v. Leavitt, 53 Mo. 597; Harrier v. Harrier, 58 Mo. 234. The common-law rule in reference to conversations between husband and wife when they are opposite parties has been repealed in this state.
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Appeal from the St. Louis Circuit Court, Leroy B. Yalliant, Judge. It is competent for the plaintiff in a divorce suit to testify to con, versations between himself and the defendant, when no. one else was present. Rev. Stat., 1879, sect. 4010 Moore v. Moore, 51 Mo. 118; Paul v. Leavitt, 53 Mo. 597; Harrier v. Harrier, 58 Mo. 234. The common-law rule in reference to conversations between husband and wife when they are opposite parties has been repealed in this state. The State v. Slaughter, 70 Mo. 484; The State v. Grant, 79 Mo. 131; Rev. Stat., 1879, sect. 3148; Wag. Stat., sect. 3, p. 894;…
1Opinion of the CourtLewis, P. J.
This is a suit for divorce. The plaintiff complains that the defendant has offered him such indignities as to render his condition intolerable, such indignities consisting of repeated utterances by the defendant to the plaintiff of grossly insulting and vituperative expressions, wholly' incompatible with the relations that should subsist' between husband and wife. At the trial, the plaintiff offered himself as a witness. His attention was directed to the several charges, successively, of abusive expressions uttered by his wife, and, in each instance, he said, in answer to preliminary…
2Cases cited3 opinions
- Miller v. MillerMissouri Court of Appeals · 1883
- Moore v. MooreSupreme Court of Missouri · 1872
- State v. SlaughterSupreme Court of Missouri · 1879
3Cited by8 opinions
- Mercer v. StateSupreme Court of Florida · 1898
- Gruner v. GrunerMissouri Court of Appeals · 1914
- T.C.H. v. K.M.H.Supreme Court of Missouri · 1985
- Lynch v. LynchMissouri Court of Appeals · 1901
- Brown v. BrownMissouri Court of Appeals · 1893
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