Kuhl v. Kuhl
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) Where a petition for divorce states a cause of action and the evidence offered is uncontradicted and substantiates the allegations of the petition, plaintiff is entitled to a decree of divorce as a matter of right, and it is the duty of the court to grant it. Deschodt v. Deschodt, 59 Mo. App. 102; Ulrey v. Ulrey, 80 Mo. App. 50; Kilpatrick v. Kilpatrick, 80 Mo. App. 73; Lynch v. Lynch, 87 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) Where a petition for divorce states a cause of action and the evidence offered is uncontradicted and substantiates the allegations of the petition, plaintiff is entitled to a decree of divorce as a matter of right, and it is the duty of the court to grant it. Deschodt v. Deschodt, 59 Mo. App. 102; Ulrey v. Ulrey, 80 Mo. App. 50; Kilpatrick v. Kilpatrick, 80 Mo. App. 73; Lynch v. Lynch, 87 Mo. App. 36; Raney v. Raney, 128 Mo. App. 167. (2) Counsel for plaintiff was entitled to make proper objections to improper…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — The plaintiff makes three assignments of error which we will treat of in their order:
I. Plaintiff contends that the court erred in not granting plaintiff a decree of divorce at the conclusion of the first hearing in the cause. Plaintiff’s counsel does not disclose wherein this error lies. It was certainly not error for the court to take the case'under advisement and postpone its decision to a later day, and if it had been plaintiff did not preserve the point by excepting to such action. And it was not error to set aside the submission and admit testimony after the…
2Cases cited4 opinions
- Pearce v. DansforthSupreme Court of Missouri · 1850
- Tarrant v. TarrantMissouri Court of Appeals · 1911
- Grenzebach v. GrenzebachMissouri Court of Appeals · 1906
- Roland v. BeshearsMissouri Court of Appeals · 1893
3Cited by3 opinions
- Gosnell v. GosnellMissouri Court of Appeals · 1959
- Creasey v. CreasyMissouri Court of Appeals · 1912
- National Bank of Commerce v. ButlerMissouri Court of Appeals · 1912