Bryson v. Bryson
Supreme Court of Missouri
Error to Sixth District Court. On the 24th day of February, 1845, the Legislature granted a “legislative divorce” to plaintiff in error, dissolving the marriage between himself and the defendant in error. Defendant in error afterward instituted proceedings in the Circuit Court of Pike county, Missouri, to obtain alimony; and bn the 10th of April, 1851, the Circuit Court rendered a decree granting her, as alimony, $275 per annum.
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Error to Sixth District Court. On the 24th day of February, 1845, the Legislature granted a “legislative divorce” to plaintiff in error, dissolving the marriage between himself and the defendant in error. Defendant in error afterward instituted proceedings in the Circuit Court of Pike county, Missouri, to obtain alimony; and bn the 10th of April, 1851, the Circuit Court rendered a decree granting her, as alimony, $275 per annum. Plaintiff in error appealed from that decree to this court, where the decree was affirmed. ( See Bryson v. Bryson, 17 Mo. 590.) At the September term, 1867, of the…
1Opinion of the CourtCurrier, Judge
The only question presented by this record respects the constitutional authority of the Legislature to grant divorces dissolving the matrimonial connection.
Whatever the rule on this subject may have been in England and in different States of the Union, the doctrine that the Legislature of this State has no power to grant such divorces has been too long and well established, by repeated adjudications, to warrant its disturbance at the present time. (Gentry v. Fry, 4 Mo. 120 ; Bryson v. Campbell, 12 Mo. 498 ; Bryson v. Bryson, 17 Mo. 590.) The wisdom of the principle of these decisions has been…
2Cases cited3 opinions
- State ex rel. Gentry v. FrySupreme Court of Missouri · 1835
- Bryson v. BrysonSupreme Court of Missouri · 1853
- Bryson v. CampbellSupreme Court of Missouri · 1849
3Cited by2 opinions
- In re ChristiansenUtah Supreme Court · 1898
- Lemp v. LempSupreme Court of Missouri · 1913