Kurz v. Kurz
Missouri Court of Appeals
Appeal from Pike Circuit Court. — No». David N. Eby, Judge. The court should have sustained appellant’s objection to any testimony offered on behalf of the respondent for the reason that the petition did not state facts sufficient to constitute a cause of action for separate maintenance; the petition should state facts which, if proven would be sufficient to grant respondent a divorce. There is no allegation of abandonment on the part of the appellant.
Read the full summary
Appeal from Pike Circuit Court. — No». David N. Eby, Judge. The court should have sustained appellant’s objection to any testimony offered on behalf of the respondent for the reason that the petition did not state facts sufficient to constitute a cause of action for separate maintenance; the petition should state facts which, if proven would be sufficient to grant respondent a divorce. There is no allegation of abandonment on the part of the appellant. There is not one fact stated in the petition which if proven would justify the court in granting the respondent a divorce, and consequently…
1Opinion of the CourtGoode, J.
These parties are husband and wife and this action is to compel the defendant to furnish support and maintenance for plaintiff and her two minor children. The parties are both Germans by birth, were married in St. Louis in 1875, lived there some ten years and , then moved to Ralls county where they have lived twenty years. Plaintiff is fifty-three years old and defendant sixty-six. The separation occurred September 2, 1903, on which day plaintiff left her home in Ralls county and went to live with her married daughter. Defendant has furnished her nothing to live on since. Seven children were…
2Cited by3 opinions
- Carder v. CarderMissouri Court of Appeals · 1933
- Kindorf v. KindorfMissouri Court of Appeals · 1913
- Perkins v. PerkinsMissouri Court of Appeals · 1942