Viertel v. Viertel
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — How. James E. Eaeell, Judge. (1) All causes for divorce existing at the time of. the first suit should be excluded from this action, unless-it expressly appears that such causes were unknown to plaintiff at that time.
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Appeal from Cooper Circuit Court. — How. James E. Eaeell, Judge. (1) All causes for divorce existing at the time of. the first suit should be excluded from this action, unless-it expressly appears that such causes were unknown to plaintiff at that time. Donnell v. Wright, 147 Mo. 639; Waggoner v. Waggoner, 76 Md. 311; Morrison v., Morrison, 142 Mass. 361; Henderson v. Henderson, 3 Hare 115; Beloit v. Morgan, 7 Wall. 662. (2) The evidence is insufficient to sustain the finding of adultery with Chris Parker. The appellate court should review all the evidence and render such judgment as trial…
1Opinion of the CourtBroaddus, J.
The plaintiff has moved to dismiss the appeal herein on the ground that a proper affidavit was not made authorizing the appeal. The record shows that the judgment appealed from was rendered on June 7, 1902, but the affidavit for appeal is dated June 5, two days prior thereto. The defendant insists that in fact the affidavit was made after rendition of judgment and that the dating of the same on June 5 was a clerical error; and to support this insistence, has filed the affidavit of the attorney who wrote it, and the affidavit of the notary public who swore the affiant, that it was made after…
2Cases cited5 opinions
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- Donnell v. WrightSupreme Court of Missouri · 1899
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- Morrison v. MorrisonMassachusetts Supreme Judicial Court · 1886
- Viertel v. ViertelMissouri Court of Appeals · 1901
3Cited by10 opinions
- Price v. PriceMissouri Court of Appeals · 1955
- Carpenter v. KurnSupreme Court of Missouri · 1940
- Arndt v. ArndtMissouri Court of Appeals · 1914
- Barber Asphalt Paving Co. v. FieldMissouri Court of Appeals · 1906
- Crouch v. CrouchWest Virginia Supreme Court · 1916
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