Stevens v. Stevens
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Thos. J. Se-ehorn, Judge. (1) It has been held, that refusal of a husband to live with his wife writing her a letter, that he intended to leave her and posting a notice not to credit wife, were not such indignities as would entitle wife to a divorce. Hooper v. Hooper, 19 Mo. 355; Doyle v. Doyle, 26 Mo. 545 ; Webb v. Webb, 44 Mo. App. 229; Holschback v. Holschback, 144 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Eon. Thos. J. Se-ehorn, Judge. (1) It has been held, that refusal of a husband to live with his wife writing her a letter, that he intended to leave her and posting a notice not to credit wife, were not such indignities as would entitle wife to a divorce. Hooper v. Hooper, 19 Mo. 355; Doyle v. Doyle, 26 Mo. 545 ; Webb v. Webb, 44 Mo. App. 229; Holschback v. Holschback, 144 Mo. App. 247. (2) To plaintiff ?s petition, he made an affidavit, that the facts contained in the petition are true to his best knowledge, information and belief. This is not a…
1Opinion of the Court
ELLISON, J. —
This is an action for divorce. A decree was- entered for plaintiff in the trial court. The affidavit to the petition is stated by defendant to be insufficient and jurisdiction of the court is denied. It is made on the plaintiff’s “best knowledge, information and belief.” The statute (Sec. 2371, E. S. 1909) requires the petitioner to state that the facts set forth in the petition “are true according to the best knowledge and belief of the plaintiff.” So the question is, is an affidavit that certain causes for divorce pleaded in a petition are true according to the affiant’s…
2Cases cited5 opinions
- Burgess & Co. v. MartinSupreme Court of Alabama · 1895
- Hinkle v. LovelaceSupreme Court of Missouri · 1907
- Hopkins v. Hopkins.Supreme Court of North Carolina · 1903
- Dearmond v. DearmondCourt of Appeals of Tennessee · 1892
- Clark v. ClarkMissouri Court of Appeals · 1910
3Cited by5 opinions
- Simon v. SimonSupreme Court of Missouri · 1952
- McCammon v. McCammonMissouri Court of Appeals · 1984
- State Ex Rel. Knapp v. CowanMissouri Court of Appeals · 1935
- Robertson v. RobertsonMissouri Court of Appeals · 1914
- Rea v. ReaMissouri Court of Appeals · 1913