Kilpatrick v. Kilpatrick
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. This court has full power to review the evidence and make such decree as it may deem proper. Deschodt v. Deschodt, 59 Mo. App. 102. Divorce is a legal right and, where the facts entitling either party to it exist the courts have no discretion to deny it. Deschodt'v Deschodt, Ibid.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. This court has full power to review the evidence and make such decree as it may deem proper. Deschodt v. Deschodt, 59 Mo. App. 102. Divorce is a legal right and, where the facts entitling either party to it exist the courts have no discretion to deny it. Deschodt'v Deschodt, Ibid. The desertion made out by appellant constitutes a prima facie case, “that is, intentional cessation from cohabitation for the statutory period without plaintiff’s consent.” Keaton v. Keaton, 74 Mo. App. 174-178. The only reasonable cause…
1Dissent
DISSENTING OPINION BY JUDGE BIGGS.
*74Appellate practice. *73In reviewing records like we have here appellate judges approach the subject at a disadvantage. Section 4508 of the statute provides, that where the proceedings for divorce are ex parte the court “shall be satisfied that the petitioner is an innocent and injured party.” That is in a case of desertion the trial judge must be satisfied that the separation was not through the connivance, consent or approval of the party seeking the divorce. The statute means that the judge must be legally satisfied, that is satisfied from the evidence. If all…
2Cases cited1 opinion
- Deschodt v. DeschodtMissouri Court of Appeals · 1894