Legal Opinion

Shannon v. Shannon

Missouri Court of Appeals

Decided December 1, 1902PublishedCited by 18 opinions

Appeal ■from Clay Circuit Court. — Ho». J. W. Alexander, Judge. (1) Suits by infants can only be commenced by guardian and curator of sucb infant, or by next friend, appointed for bim in sucb suits. Sec. 550, R. S. 1899; R. S. 1899, sec. 555. (2) A separate action for maintenance of minor children, subsequent to a decree of divorce, can not b'e maintained.

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Appeal ■from Clay Circuit Court. — Ho». J. W. Alexander, Judge. (1) Suits by infants can only be commenced by guardian and curator of sucb infant, or by next friend, appointed for bim in sucb suits. Sec. 550, R. S. 1899; R. S. 1899, sec. 555. (2) A separate action for maintenance of minor children, subsequent to a decree of divorce, can not b'e maintained. Hickman v. Hickman, Obio, 9 Weekly Law Bui. 55; Harris v. Harris, 5 Kan. 46; Hampton v. Allen, 56 Kan. 46; Rumsey v. Rumsey, 121 Ind. 215. (3) It is tbe duty of tbe father to support Ms cMldren; tMs duty is paramount. Rut where they are…

1Opinion of the CourtBroaddus, J.

— The facts of this case were that plaintiff and defendant were husband and wife prior to the twelfth day of April, 1900, at which time they disagreed and separated; that afterwards the defendant *122herein brought suit in the Clay Circuit Court for divorce, resulting in a decree in his favor divorcing him from his wife; and that soon thereafter — August 9, 1901, — there was born of said marriage a male child; that the divorce was granted on.the statutory ground that the wife had been guilty of indignities to the husband ; that she did not appear at the trial, the same being ex parte; that as the…

2Cases cited10 opinions

  1. Brow v. BrightmanMassachusetts Supreme Judicial Court · 1883
  2. Husband v. HusbandIndiana Supreme Court · 1879
  3. Finch v. FinchSupreme Court of Connecticut · 1852
  4. Meyers v. MeyersMissouri Court of Appeals · 1901
  5. Rankin v. RankinMissouri Court of Appeals · 1900

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Kelly v. KellySupreme Court of Missouri · 1932
  2. Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
  3. Laumeier v. LaumeierSupreme Court of Missouri · 1925
  4. Carrow Ex Rel. Simms v. CarrowMissouri Court of Appeals · 1956
  5. Ash v. Modern Sand & Gravel Co.Missouri Court of Appeals · 1938

13 more not listed; retrieve them via the Exa API.

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