Cheatham v. Cheatham
Supreme Court of Missouri
APPEAL from Saline Circuit Court. To reverse the decision in this case the appellant relies on the following authorities: Lewis vs. Lewis, 5 Mo. Rep. 278; Rev. Codep. 426 §1. 1st. A charge of infidelity, made by the husband, is not “an indignity to the person” of thewife within the meaning of our statute, upon the subject of divorce. See Rev. Code 1845, p. 426. 2d.
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APPEAL from Saline Circuit Court. To reverse the decision in this case the appellant relies on the following authorities: Lewis vs. Lewis, 5 Mo. Rep. 278; Rev. Codep. 426 §1. 1st. A charge of infidelity, made by the husband, is not “an indignity to the person” of thewife within the meaning of our statute, upon the subject of divorce. See Rev. Code 1845, p. 426. 2d. Admitting such an imputation to be a good cause of divorce, the fact is not here charged with suifieient particularity of time, place and circumstance. See 2d J. C. R. 224; also 6 John. C. R. 347; 1 Mo. R.228. 3d. Even if a general…
1Opinion of the CourtNapton, J.
This was an application for a divorce, a vinculo matrimonii. The petitioner, Martha S. Cheatham, set forth iñ her petition that she was married to Joseph B. Cheatham on the 11th day of September, 1846, at the county of Saline; that they co-habited together as husband and wife, until the 22d Nov., 1846, at which time, the petitioner alleges, the said Joseph deserted her, and left her without the means of support; she alleges further, that on the very day of their marriage the said Joseph commenced mistreating her, bidding her not to speak to any man, &c., and that although she had before her…
2Cases cited1 opinion
- Lewis v. LewisSupreme Court of Missouri · 1838
3Cited by10 opinions
- Martin v. MartinSupreme Court of Alabama · 1911
- Price v. PriceMissouri Court of Appeals · 1955
- Phelps v. PhelpsMissouri Court of Appeals · 1952
- Werz v. WerzMissouri Court of Appeals · 1881
- Pate v. PateMissouri Court of Appeals · 1878
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