Gilmer v. Gilmer
Missouri Court of Appeals
Appeal from the Saline-Circuit Court. — Hon. Richard Field, Judge. (1) The petition does not state facts sufficient to show that the circuit court of Saline county had jurisdiction to hear and determine this suit, in that it does not state that plaintiff was a resident of the county of Saline at the time of the institution of this suit, nor does the whole record show that fact. It being a jurisdictional fact, its averment and proof was necessary. Cole v. Cole, 3 Mo.
Read the full summary
Appeal from the Saline-Circuit Court. — Hon. Richard Field, Judge. (1) The petition does not state facts sufficient to show that the circuit court of Saline county had jurisdiction to hear and determine this suit, in that it does not state that plaintiff was a resident of the county of Saline at the time of the institution of this suit, nor does the whole record show that fact. It being a jurisdictional fact, its averment and proof was necessary. Cole v. Cole, 3 Mo. App. 571; Pate v. Fate, 6 Mo. App. 60; Gist v. Loring, 60 Mo. 487; Coyle v. Railroad, 27 Mo. App. 591; Pier v. Heinrichoffer, 52…
1Opinion of the CourtGill, J.
This is an action brought by the plaintiff wife against the defendant husband for a divorce, on the statutory ground that the defendant had absented himself without reasonable cause for the space of one year. Defendant denied the alleged abandonment, and set up by way of cross-action that the plaintiff had without cause deserted the defendant. On the trial had in the circuit court, a divorce, with alimony, was decreed plaintiff, and defendant has appealed to this court. These parties were joined in marriage in November, 1886, and separated in October, 1887. When married defendant was a…
2Cases cited2 opinions
- Dwyer v. DwyerMissouri Court of Appeals · 1885
- Simpson v. SimpsonSupreme Court of Missouri · 1860
3Cited by7 opinions
- Price v. PriceMissouri Court of Appeals · 1955
- Campbell v. CampbellMissouri Court of Appeals · 1955
- Davis v. DavisMissouri Court of Appeals · 1895
- Clark v. ClarkMissouri Court of Appeals · 1910
- King v. KingMissouri Court of Appeals · 1964
2 more not listed; retrieve them via the Exa API.