Kempf v. Kempf
Supreme Court of Missouri
Appeal from Marion Circuit Cowrt. The plaintiff maintains that the demurrer was improperly sustained; that the allegations in said petition constitute a good cause of action, and, if supported by proof, entitled the plaintiff to a divorce. (Hooper v. Hooper, 12 Mo. 354 ; E. C. 1855, p. 663.) I. The demurrer was well taken and properly sustained.
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Appeal from Marion Circuit Cowrt. The plaintiff maintains that the demurrer was improperly sustained; that the allegations in said petition constitute a good cause of action, and, if supported by proof, entitled the plaintiff to a divorce. (Hooper v. Hooper, 12 Mo. 354 ; E. C. 1855, p. 663.) I. The demurrer was well taken and properly sustained. The very definition of impotence implies this; impotence may be‘truly defined as such an incurable incapacity as admits of neither copulation or procreation. (Bish. on Marriage and Divorce, 228.) The petition does not allege that the defect is…
1Opinion of the CourtBates, Judge
This was a petition for divorce. An amended petition was filed, to which the defendant demurred. The demurrer was not sustained, and judgment given for the defendant, from which judgment the plaintiff appealed to this court.
The amended petition stated two causes for divorce. The first was, that at the time of the marriage of the parties “ the defendant was, and still is impotent, in that the mouth of the vagina of the said Margaret was and still is closed, so as to prevent copulation. The second was, that the defendant offered to the plaintiff such indignities as rendered his condition…
2Cases cited1 opinion
- Hooper v. HooperSupreme Court of Missouri · 1854
3Cited by13 opinions
- Griffeth v. GriffethIllinois Supreme Court · 1896
- Heller v. HellerSupreme Court of New Jersey · 1934
- Dolan v. DolanSupreme Judicial Court of Maine · 1969
- Holschbach v. HolschbachMissouri Court of Appeals · 1908
- England v. EnglandMissouri Court of Appeals · 1931
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