Schuman v. Schuman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. (1) There should have been a decree for the plaintiff, and the court erred in dismissing the bill of plaintiff for a divorce. (2) The plaintiff fulfilled the requirements of the law, having shown a cessation of cohabitation for one year, and defendant’s intention to leave plaintiff.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. (1) There should have been a decree for the plaintiff, and the court erred in dismissing the bill of plaintiff for a divorce. (2) The plaintiff fulfilled the requirements of the law, having shown a cessation of cohabitation for one year, and defendant’s intention to leave plaintiff. Defendant failed to show any consent on the part of plaintiff to the desertion, or that plaintiff committed any breach of matrimonial duty which justified the desertion. 1 Bishop on Marriage and Divorce, secs. 1670-71; Sargent v. Sargent, 36 N.…
1Opinion of the CourtBarclay, J.
In this ease a wife sues for a divorce from hei; husband. The trial court denied her petition. She then brought this appeal.
The principals in the suit have relieved it of much of the bitterness which often infects litigation of this sort. Their bearing toward each other throughout this ordeal of law has been such as to give promise that the judgment which we are about to pronounce may be accepted as a guide toward a return to their former happiness, whose influence appears not to have been wholly lost in the stress of their forensic experience.
The wife, as a witness said: “We had very little…
2Cases cited13 opinions
- Albee v. AlbeeIllinois Supreme Court · 1892
- Powell v. PowellSupreme Court of Vermont · 1856
- Messenger v. MessengerSupreme Court of Missouri · 1874
- Gray v. GraySupreme Court of Alabama · 1849
- Hall v. HallMissouri Court of Appeals · 1898
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3Cited by5 opinions
- Roby v. RobyIdaho Supreme Court · 1904
- Campbell v. CampbellMissouri Court of Appeals · 1955
- Hupp v. Hupp and WarrenMissouri Court of Appeals · 1946
- Easley v. EasleyMissouri Court of Appeals · 1954
- Kirkpatrick v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908