Brown v. Brown
Missouri Court of Appeals
Appeal from the Pettis Circuit■ Court. — Hon. Richard Field, Judge. (1) The court erred in admitting in evidence the letters written by the defendant to the plaintiff. These were communications between husband and wife, which were privileged, both at common law and under the statute. Revised Statutes, 1889, sec. 8922; Moore v. Moore, 51 Mo. 118; Buck v. Ashbrook, 51 Mo. 539; Berlin v. Berlin, 52 Mo. 151; Holeman v. Bachus, 73 Mo. 51; Dwyer v. Dwyer, 2 Mo.
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Appeal from the Pettis Circuit■ Court. — Hon. Richard Field, Judge. (1) The court erred in admitting in evidence the letters written by the defendant to the plaintiff. These were communications between husband and wife, which were privileged, both at common law and under the statute. Revised Statutes, 1889, sec. 8922; Moore v. Moore, 51 Mo. 118; Buck v. Ashbrook, 51 Mo. 539; Berlin v. Berlin, 52 Mo. 151; Holeman v. Bachus, 73 Mo. 51; Dwyer v. Dwyer, 2 Mo. App. 20; Miller v. Miller, 14 Mo. App. 418; Ayers v. Ayers, 28 Mo. App. 97; Mitchell v. Mitchell, 15 S. W. Rep. (Tex.) 705. Upon the…
1Opinion of the CourtEllison, J.
— Plaintiff’s petition is for a divorce •from his wife. The grounds alleged are her adultery .and indignities which rendered his condition intoler*458able. The indignities charged are that she permitted Dorsey, an unmarried man who lived in the neighborhood, to secretly visit her and for a long period of time unknown to her husband to bestow upon her the endearments and attentions of a lover. The trial court found for plaintiff on both issues.and likewise gave the custody of the minor children to plaintiff. Defendant has brought the case here.
There was admitted in the evidence for plaintiff over…
2Cases cited12 opinions
- State v. HoytSupreme Court of Connecticut · 1880
- Mitchell v. MitchellTexas Supreme Court · 1891
- State v. BuffingtonSupreme Court of Kansas · 1878
- Jacobs v. HeslerMassachusetts Supreme Judicial Court · 1873
- Messenger v. MessengerSupreme Court of Missouri · 1874
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3Cited by5 opinions
- Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
- Hall v. HallMissouri Court of Appeals · 1898
- Lanham v. LanhamTexas Supreme Court · 1912
- Schierstein v. SchiersteinMissouri Court of Appeals · 1896
- Endsley v. EndsleyMissouri Court of Appeals · 1901