Barth v. Barth
Missouri Court of Appeals
Appeal from. St. Louis City Circuit Court. — Eon. Edwin W. Lee, Judge. (1) A plaintiff in a divorce suit in order to secure a decree of divorce, must be shown, from all the evidence introduced in the trial, to he not only the injured but also the innocent party. Lawlor v. Lawlor, 76 Mo. App. 637; Torlotting-v. Torlotting, 82 Mo. App. 192; Webb v. Webb, 44 Mo. App. 229; Coe v. Coe, 98 Mo. App. 472; Nichols v. Nichols, 39 Mo.
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Appeal from. St. Louis City Circuit Court. — Eon. Edwin W. Lee, Judge. (1) A plaintiff in a divorce suit in order to secure a decree of divorce, must be shown, from all the evidence introduced in the trial, to he not only the injured but also the innocent party. Lawlor v. Lawlor, 76 Mo. App. 637; Torlotting-v. Torlotting, 82 Mo. App. 192; Webb v. Webb, 44 Mo. App. 229; Coe v. Coe, 98 Mo. App. 472; Nichols v. Nichols, 39 Mo. App. 291. (2) Either husband or wife to obtain relief from bonds that have grown too burdensome must come into court with clean hands. Libbe v. Libbe, 157 Mo. App. 701;…
1Opinion of the CourtReynolds, P. J.
The respondent here instituted an action for divorce against his wife, the appellant, on the 19th of May, 1910.
It is alleged in the petition that the parties were married in the city of St. Louis, in May, 1895, and lived together as husband and wife until April, 1910. Following the usual averment that during all of the time plaintiff had treated defendant with kindness and affection, plaintiff charges that defendant offered him such indignities as to render his condition intolerable. The indignities set out are that after the first year of the marriage defendant developed a violently jealous…
2Cases cited4 opinions
- Hoffman v. HoffmanSupreme Court of Missouri · 1869
- Nagel v. NagelSupreme Court of Missouri · 1848
- Torlotting v. TorlottingMissouri Court of Appeals · 1899
- Ryan v. RyanSupreme Court of Missouri · 1845
3Cited by13 opinions
- Chapman v. ChapmanMissouri Court of Appeals · 1950
- R v. MMissouri Court of Appeals · 1964
- O'Leary v. O'LearyMissouri Court of Appeals · 1964
- Klamberg v. KlambergMissouri Court of Appeals · 1968
- Esworthy v. EsworthyMissouri Court of Appeals · 1928
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