Dorrance v. Dorrance
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. II. M. Foster, Judge. The court erred in sustaining defendant’s demurrer to plaintiff’s amended petition.
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Appeal from St. Louis City Circuit Court. — Hon. II. M. Foster, Judge. The court erred in sustaining defendant’s demurrer to plaintiff’s amended petition. (1) The allegation in the petition filed in the circuit .court of the city of St. Louis by John Dorrance for divorce, and supported by his affidavit that he was a resident of St. Louis, was false (he being a resident of Chariton county, Missouri) and fraudulently .made for the purpose of inducing the court to assume jurisdiction of that cause; and a court of equity has inherent power to set aside such a judgment. Sec. 2371, R. S. 1909 ;…
1Dissent
DISSENTING OPINION.
WOODSON, J.
This is a suit instituted by the plaintiff against the defendant in the circuit court of the city of St. Louis, to set aside a decree of divorce theretofore rendered by said court in a cause where the defendant here was the plaintiff there, and where the plaintiff here was the defendant there. A demurrer was filed to the plaintiff’s petition, and sustained by the court, and she declining to plead further, judgment was rendered in favor of the defendant, and the plaintiff appealed the cause to this court.
The facts, in so far as here material, are as follows:
John…
2Cases cited25 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Lieber v. LieberSupreme Court of Missouri · 1911
- Bates v. HamiltonSupreme Court of Missouri · 1898
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Hamilton v. McLeanSupreme Court of Missouri · 1897
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