Johnson v. Johnson
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». W. B. Teasdale, Judge. (1) The petition does not allege that plaintiff has been a resident of the State for “one whole year next before filing of the petition” or that “the offense or injury complained of was committed within this State, or whilst one or both of the parties resided within this State.” Sec. 2924, R. S. 1899; Collins v. Collins, '53 Mo. App. 470. Non-support not an indignity. Campbell v. Campbell, 73 Mo.
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Appeal from Jackson Circuit Court. — Ho». W. B. Teasdale, Judge. (1) The petition does not allege that plaintiff has been a resident of the State for “one whole year next before filing of the petition” or that “the offense or injury complained of was committed within this State, or whilst one or both of the parties resided within this State.” Sec. 2924, R. S. 1899; Collins v. Collins, '53 Mo. App. 470. Non-support not an indignity. Campbell v. Campbell, 73 Mo. App. 579; Owen v. Owen, 48 Mo. App. 209. Defect is not cured by the decree. Smith v. Smith, 48 Mo. App. 612-617; Carter v. Carter, 88…
1Opinion of the CourtEllison, J.
This is an action for divorce in which the plaintiff prevailed in the trial court and defendant, having failed in his motions for new trial and arrest of judgment, has appealed.
The point made by defendant’s counsel on the motion in arrest relates to a radical defect in the allegations of the petition as to the residence of the plaintiff in this State. The allegation,'is that, “Plaintiff has been a resident of Jackson county, Missouri, for more than one whole year continuously before the filing of the original petition in this and before this date also. ” The statute is that the plaintiff must…
2Cases cited3 opinions
- Hansford v. HansfordMissouri Court of Appeals · 1889
- Collins v. CollinsMissouri Court of Appeals · 1893
- Carter v. CarterMissouri Court of Appeals · 1901
3Cited by12 opinions
- Martin v. MartinSupreme Court of Alabama · 1911
- Rumping v. RumpingMontana Supreme Court · 1907
- Stansbury v. StansburyMissouri Court of Appeals · 1906
- Arndt v. ArndtMissouri Court of Appeals · 1914
- Coulter v. CoulterMissouri Court of Appeals · 1907
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