DeGraw v. DeGraw
Missouri Court of Appeals
Error to St. Louis Circuit Court. The decree upon which the defendant rests his case is void. — 2 Whart. on Ev., sect. 796 ; Bowden v. Fitch, 15 Johns. 121; Bowers v. Bowers, 19 Mo. 351; 58 Mo. 141; 47 Miss. 170; 39 Cal. 646 ; 42 Miss. 506 ; 41 Miss. 89 ; (Jóle v. Oole, 3 Mo.
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Error to St. Louis Circuit Court. The decree upon which the defendant rests his case is void. — 2 Whart. on Ev., sect. 796 ; Bowden v. Fitch, 15 Johns. 121; Bowers v. Bowers, 19 Mo. 351; 58 Mo. 141; 47 Miss. 170; 39 Cal. 646 ; 42 Miss. 506 ; 41 Miss. 89 ; (Jóle v. Oole, 3 Mo. App. 571. Upon jurisdictional questions the record may be contradicted. — Egler v. 8tone, 59 Mr. 89. The record must show.that the court inquired into the matter. — Wetzel v. Waters, 18 Mo. 396 ; Bobinson v. Lawson, 26 Mo. 69. A judgment by confession against a married woman is void. —Higgins v. Peltzer, 49 Mo. 152 ;…
1Opinion of the CourtBakewell, J.
This is an action for divorce. The petition was filed on November 16, 1877, and states that the parties were married in 1840. Amongst other things, it is alleged that the defendant is worth $200,000. There is a prayer for alimony. The answer admits the marriage, and denies all other allegations. It also sets up as matter of defence a former divorce. The original petition and decree are set out in full. The petition was filed on April 2, 1866, by the defendant in the present action, in the Circuit Court of Linn County, Missouri. It alleges various sufficient grounds of divorce, and appears to…
2Cases cited5 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Hardin v. LeeSupreme Court of Missouri · 1873
- Fithian v. MonksSupreme Court of Missouri · 1869
- Singer v. SingerNew York Supreme Court · 1863
- Gilman v. HoveySupreme Court of Missouri · 1858
3Cited by4 opinions
- Hansford v. HansfordMissouri Court of Appeals · 1889
- May v. PentonWyoming Supreme Court · 1932
- Abington v. TownsendSupreme Court of Missouri · 1917
- McDonald v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1930