Polster v. Polster
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. ■ (1) To sustain this statutory action for support and maintenance two things must concur: Abandonment by the husband a failure to support. Youngs v. Youngs, 78 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. ■ (1) To sustain this statutory action for support and maintenance two things must concur: Abandonment by the husband a failure to support. Youngs v. Youngs, 78 Mo. App. 228. All the evidence shows that at the time of filing the petition and even up to the time of the service of the writ, the defendant and plaintiff were living together under the same roof as husband and wife with their children; that defendant had not abandoned plaintiff, and not only had not failed to support her, but was supporting her and the…
1Opinion of the CourtNortoni, J.
This is a suit by the wife against the husband for maintenance. The court found the issue for plaintiff and gave judgment requiring the husband to pay the wife sixty doHars per month for the support of herself and minor child. The defendant appeals and argues that the judgment should be reversed for the reason the evidence fails to disclose the husband had abandoned the wife and refused to support her at the time the suit was commenced. It is said the suit was prematurely instituted.
*608It appears the parties were married November 13, 1899. The husband was a prosperous business man and possessed…
2Cases cited2 opinions
- McGrady v. McGradyMissouri Court of Appeals · 1892
- Youngs v. YoungsMissouri Court of Appeals · 1899
3Cited by8 opinions
- Forbis Ex Rel. Davis v. ForbisMissouri Court of Appeals · 1955
- Randall v. RandallSupreme Court of Florida · 1947
- Woodman v. WoodmanMissouri Court of Appeals · 1955
- McGuire v. McGuireNebraska Supreme Court · 1953
- Kindorf v. KindorfMissouri Court of Appeals · 1913
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