Legal Opinion

Jones v. Jones

Missouri Court of Appeals

Decided December 5, 1921PublishedCited by 7 opinions

Appeal from Circuit Court of Wright County. — lion,, G. H. Skmker, Judge. (1) There is matter'of public policy involved in every divorce action. The marriage relation is the foundation of civil society and the public has an interest therein, and its rights are always before the court to be considered in an application for divorce.' The public is an interested third party in every such case. Moore v. Moore, .41 Mo. App. 176, 184; MeMakin v. Mc-Makin, 68 Mo.

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Appeal from Circuit Court of Wright County. — lion,, G. H. Skmker, Judge. (1) There is matter'of public policy involved in every divorce action. The marriage relation is the foundation of civil society and the public has an interest therein, and its rights are always before the court to be considered in an application for divorce.' The public is an interested third party in every such case. Moore v. Moore, .41 Mo. App. 176, 184; MeMakin v. Mc-Makin, 68 Mo. App. 57, 62-63. (2) In a divorce action the appellate court will examine the evidence and pass upon its weight and render such decree, or…

1Opinion of the CourtCox, P. J.

— Action for divorce. Decree for respondent, plaintiff below, and defendant appealed.

It is well settled in this State-that on questions of fact in a divorce case the appellate court will defer largely to the finding of the trial court but will not be bound by it and if on a review of the testimony, a different conclusion is reached, the judgment of the appellate court will follow its own finding.

We have carefully examined this entire record which is very lengthy and have reached the conclusion that the plaintiff made a case for divorce by proof of statements made by defendant about him- in…

2Cases cited4 opinions

  1. Hoffman v. HoffmanSupreme Court of Missouri · 1869
  2. Gruner v. GrunerMissouri Court of Appeals · 1914
  3. Wiren v. Nesbitt and Richardson, Exrs.Texas Supreme Court · 1892
  4. Milster v. MilsterMissouri Court of Appeals · 1919

3Cited by7 opinions

  1. Rowland v. RowlandMissouri Court of Appeals · 1950
  2. Scheer v. ScheerMissouri Court of Appeals · 1951
  3. Politte v. PolitteMissouri Court of Appeals · 1950
  4. Tebbe v. TebbeMissouri Court of Appeals · 1929
  5. Taylor v. TaylorMissouri Court of Appeals · 1949

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