Boos v. Boos
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. (1) .Divorce actions, like all others tried by the court without a jury, are reviewable on the weight of the evidence and triable de novo in the appellate court. Griesedieck v. Griesedieck, 56 Mo.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. (1) .Divorce actions, like all others tried by the court without a jury, are reviewable on the weight of the evidence and triable de novo in the appellate court. Griesedieck v. Griesedieck, 56 Mo. App. 94. (2) The ground for divorce was desertion, to constitute which it was necessary for defendant to prove cessation from cohabitation; her intention not to resume cohabitation; that he did not consent to the separation; and to authorize divorce that such desertion began and continued at least a year prior to beginning his…
1Opinion of the CourtGoode, J.
Plaintiff sued the defendant for a divorce on the ground that she had absented herself from him for one year without reasonable cause. The plaintiff’s own evidence establishes that his wife desired to visit some relatives in Pendleton, Oregon. It appears she had a son living there and a brother-in-law. This visit was agreeable to the plaintiff, so on the fourth day of July, 1899, he drove his wife-to a landing on the Mississippi river, where she took a steamboat to St. Louis. Their parting was friendly, even affectionate, and with no expectation on the part of either, apparently, that it was…
2Cases cited6 opinions
- Simpson v. SimpsonSupreme Court of Missouri · 1860
- Davis v. DavisMissouri Court of Appeals · 1895
- Scott v. ScottMissouri Court of Appeals · 1891
- Griesedieck v. GriesedieckMissouri Court of Appeals · 1894
- Droege v. DroegeMissouri Court of Appeals · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Price v. PriceMissouri Court of Appeals · 1955
- Campbell v. CampbellMissouri Court of Appeals · 1955
- Schuman v. SchumanMissouri Court of Appeals · 1902
- King v. KingMissouri Court of Appeals · 1964