Legal Opinion

Hinkle v. Lovelace

Supreme Court of Missouri

Decided May 29, 1907PublishedCited by 25 opinions

Appeal from Jasper Circuit Court. — Row. J. D. Perkins, Judge. (1) The petition for divorce was sworn to by plaintiff’s stepfather, the defendant in this action, who was described in tbe caption of tbe petition as tbe next friend of plaintiff and who acted as such next friend in the divorce proceeding under appointment by the court in which the petition was filed. This was a sufficient compliance with the divorce statute requiring an affidavit to accompany the petition.

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Appeal from Jasper Circuit Court. — Row. J. D. Perkins, Judge. (1) The petition for divorce was sworn to by plaintiff’s stepfather, the defendant in this action, who was described in tbe caption of tbe petition as tbe next friend of plaintiff and who acted as such next friend in the divorce proceeding under appointment by the court in which the petition was filed. This was a sufficient compliance with the divorce statute requiring an affidavit to accompany the petition. In such cases it is proper for the next friend to make any affidavit necessary to be filed by' plaintiff at the…

1Opinion of the CourtWoodson, J.

This is an action in ejectment, and the petition is in the usual form, instituted in the circuit court of Jasper county, whereby the plaintiff sought to recover the undivided one-half interest in and to certain real estate situated in said county, with damages for the detention thereof, and rents and profits.

The answer admitted the possession of certain portions of the land, and denied he had the possession of the remainder; that he had bought plaintiff’s interest in the land, paying $300 therefor, and that he had expended money for improvements; that plaintiff had stood by and knew of…

2Cases cited33 opinions

  1. Wright v. WrightTexas Supreme Court · 1848
  2. Eastes v. EastesIndiana Supreme Court · 1881
  3. Norvell v. PorterSupreme Court of Missouri · 1876
  4. Russell v. GrantSupreme Court of Missouri · 1894
  5. Moore v. MooreSupreme Court of North Carolina · 1902

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3Cited by25 opinions

  1. Johnston Broadcasting Co. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1949
  2. Simon v. SimonSupreme Court of Missouri · 1952
  3. Reger v. RegerSupreme Court of Missouri · 1927
  4. Brammall v. LaroseSupreme Court of Vermont · 1933
  5. Wills v. WillsIndiana Supreme Court · 1911

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