Legal Opinion

Harper v. Harper

Supreme Court of Missouri

Decided January 15, 1860PublishedCited by 17 opinions

Error to Jackson Circuit Court. It is deemd unnecessary to set forth the facts more fully than they appear in the opinion of the court. I. The charge of adultery made by a husband against a wife is such an indignity as will authorize a divorce. (19 Mo. 355 ; R. C. 1855, tit. Divorce ; 5 Blackf. 81.) Although .plaintiff remained with defendant after the charges of infidelity, it does not amount to a condonation.

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Error to Jackson Circuit Court. It is deemd unnecessary to set forth the facts more fully than they appear in the opinion of the court. I. The charge of adultery made by a husband against a wife is such an indignity as will authorize a divorce. (19 Mo. 355 ; R. C. 1855, tit. Divorce ; 5 Blackf. 81.) Although .plaintiff remained with defendant after the charges of infidelity, it does not amount to a condonation. (6 Mars. 69; 6 Barr, 449; Bishop on Mar. & Div. § 368, 371; 7 Paige, 60.) Before defendant could legally avail himself of any testimony amounting to recrimination, or tending to show…

1Opinion of the CourtScott, Judge

This is a proceeding instituted by the plaintiff in order to obtain a decree from her husband, the defendant, from the bonds of matrimony.

From the zeal manifested by those engaged in the management of the cause, we infer it is one in which the parties feel a deep interest, and we have given it that deliberation its importance claims from us. This lady acted unwisely in placing herself under the direction and control of others in instituting this suit. She must have known that, in the event of such a proceeding, a separation from the bed and board of her husband was indispensably necessary.…

2Cited by17 opinions

  1. Phinizy v. PhinizySupreme Court of Georgia · 1922
  2. Pedersen v. PedersenCourt of Appeals for the D.C. Circuit · 1939
  3. Owen v. OwenMissouri Court of Appeals · 1892
  4. Weber v. WeberMissouri Court of Appeals · 1916
  5. Lyon v. LyonSupreme Court of Georgia · 1897

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