Legal Opinion

Brewer v. Cary

Missouri Court of Appeals

Decided April 19, 1910PublishedCited by 11 opinions

Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) The foundation of a republic is tbe virtue of its citizens. Marshall v. Railroad, 16 How. 314; Trist L. C., 214, Hughes’ Datum Posts, p. 102; Oakley v. Da-' vies, 58 Tex. 141; cases stated in Newcomb. (2) National morality depends upon religion.

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Appeal from St. Louis City Circuit Court. — Hon. Matt. G. Reynolds, Judge. (1) The foundation of a republic is tbe virtue of its citizens. Marshall v. Railroad, 16 How. 314; Trist L. C., 214, Hughes’ Datum Posts, p. 102; Oakley v. Da-' vies, 58 Tex. 141; cases stated in Newcomb. (2) National morality depends upon religion. Washington’s Farewell Address; State v. Williams, 26 Howell’s State Trials 654; Church v. United States, 143 U. S. 457, and numerous cases cited; State v. Ambs, 20 Mo. 214; St. Joseph v. Elliott, 47 Mo. App. 422. (3) Marriage is the highest consideration known to the law…

1Opinion of the CourtReynolds, P. J.

(after stating the facts). — At the threshold of the case we are confronted with the propositions that the circuit court has no jurisdiction over the appointment of a guardian of children, and that the' plaintiff, not having been appointed next friend by any order of court, had no standing in court and no right to bring suit for the minor children.

First. If this is to be considered a case for the removal of the defendant as surviving parent and natural guardian of the children, the case cannot stand, for we have a statute that must govern. Our statute, sections 3480, 3481 and 3482, Revised…

2Cases cited13 opinions

  1. Weir v. MarleySupreme Court of Missouri · 1889
  2. United States v. GreenU.S. Circuit Court for the District of Rhode Island · 1824
  3. In re ScarrittSupreme Court of Missouri · 1882
  4. Titterington v. HookerSupreme Court of Missouri · 1875
  5. Rogers v. MarshSupreme Court of Missouri · 1880

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3Cited by11 opinions

  1. In Re Adoption of Duren v. HicksSupreme Court of Missouri · 1947
  2. Jenks v. JenksMissouri Court of Appeals · 1964
  3. Lynch v. UhlenhoppSupreme Court of Iowa · 1956
  4. Stanton v. StantonSupreme Court of Georgia · 1957
  5. Hackett v. HackettOhio Court of Appeals · 1958

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