Cornelius v. Cornelius
Supreme Court of Missouri
Appeal from Buchanan Circuit Court . — Eon. C. A. Mosman, Judge. (1) The trial court should have sustained the demurrer to the evidence.
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Appeal from Buchanan Circuit Court . — Eon. C. A. Mosman, Judge. (1) The trial court should have sustained the demurrer to the evidence. There was a total failure on the part of plaintiff to prove that what was done and said was done and said with any wrongful mor tive or intention, and in this character of action, the suit being- against the father, there is and was no presumption in favor of plaintiff, and furthermore there was no proof that what defendant did or said caused' the separation, and again whatever was said by defendant came within the rule of privilege and hence was not…
1Opinion of the CourtLamm, J.
Sued for alienating the affections of her husband and separating him from her, defendant appeals from a judgment of $15,000 in favor of Maggie Cornelius.
There were two trials and two verdicts — the first (for the same amount) was set aside.
In so far forth as the material averments of the petition are drawn in question, such question arises on the scope of plaintiff’s first instruction; therefore, those averments and the instruction will presently be considered together. Emmett Cornelius is the husband of plaintiff and the only child of defendant. Defendant’s answer admits such relationship…
Also in this document: Concurrence.
2Cases cited10 opinions
- Tucker v. TuckerMississippi Supreme Court · 1896
- Hutcheson v. PeckNew York Supreme Court · 1809
- Nichols v. NicholsSupreme Court of Missouri · 1898
- Brown v. . BrownSupreme Court of North Carolina · 1899
- Reed v. ReedIndiana Court of Appeals · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- State Ex Rel. Conant v. TrimbleSupreme Court of Missouri · 1925
- Warren v. Pulitzer Publishing Co.Supreme Court of Missouri · 1934
- Worth v. WorthWyoming Supreme Court · 1935
- State v. BrownSupreme Court of Missouri · 1924
20 more not listed; retrieve them via the Exa API.