Nave v. Nave
Missouri Court of Appeals
Appeal from Buchanan Circuit Court, Hon. Joseph . P. Grubb, Judge. The case is stated in the opinion. I. The case having been determined upon demurrer, the record sufficiently presents a statement of the case. The appellant seeks a reversal upon the following ground: The motion to set aside the decree of divorce is not a bill of review.
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Appeal from Buchanan Circuit Court, Hon. Joseph . P. Grubb, Judge. The case is stated in the opinion. I. The case having been determined upon demurrer, the record sufficiently presents a statement of the case. The appellant seeks a reversal upon the following ground: The motion to set aside the decree of divorce is not a bill of review. Qole v. Miller, 82 Miss. 89; 2 Hoffman Ch. Prac. 12; Greene v. Greene, 2 Gray, 364; Parish v. Parish, 9 Ohio St. 534; Lucas v. Lucas, 3 Gray, 126; Qole v. Qole, 3 Mo. App. 571; Mansfield v. Mansfield, 26 Mo. 163. II. The court below did not have jurisdiction…
1Opinion of the CourtEllison, J.
In the- month of May, 1884, plaintiff obtained a decree of divorce from defendant for her fault; in March, 1886, the defendant, after having given notice to plaintiff, filed a motion to set aside and annul this decree. Plaintiff appeared to the motion and demurred thereto. The demurrer was sustained and defendant appeals. The grounds set up in the motion are, that the petition in the original suit did not allege that the plaintiff was a resident of Buchanan county;. that the court heard no testimony in support of the petition except affidavits; that the offences charged in the petition had…
2Cases cited4 opinions
- Werz v. WerzMissouri Court of Appeals · 1881
- Salisbury v. SalisburySupreme Court of Missouri · 1887
- Mansfield v. MansfieldSupreme Court of Missouri · 1858
- Smith v. SmithSupreme Court of Missouri · 1854
3Cited by7 opinions
- Wenzel v. WenzelMissouri Court of Appeals · 1955
- Cole v. ColeMissouri Court of Appeals · 1901
- Scott v. ScottMissouri Court of Appeals · 1891
- Elliott v. ElliottMissouri Court of Appeals · 1909
- Brown v. BrownMissouri Court of Appeals · 1994
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