Legal Opinion

Smith v. Smith

Supreme Court of Missouri

Decided October 15, 1854PublishedCited by 8 opinions

Appeal from, St. Louis Circuit Court. The case is sufficiently stated in tbe opinion of the court. It was argued by Mr. E. Casselberry, for appellant, and Mr. Barton Bates, for respondent.

1Opinion of the CourtGamble, Judge

In a proceeding commenced in March, 1849, Smith, the husband, obtained a decree against his wife, divorcing her from the bonds of matrimony, without service of process upon his wife, and without her appearance in the cause. In this petition, she is alleged to be a non-resident, and publication was made against her as such. This, as a proceeding instituted before the present code of practice went into effect, was a proceeding in •chancery. The act concerning divorces provides: “That the Circuit Court, sitting as a court of chancery, shall have jurisdiction in all cases of divorce and alimony…

2Cited by8 opinions

  1. Dorrance v. DorranceSupreme Court of Missouri · 1912
  2. Medina v. MedinaSupreme Court of Colorado · 1896
  3. Nave v. NaveMissouri Court of Appeals · 1888
  4. Jones v. JonesMissouri Court of Appeals · 1925
  5. DeGraw v. DeGrawMissouri Court of Appeals · 1879

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