Modisett v. McPike
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. G-. Porter, Judge. Evidence of all the circumstances bearing on the case-should have been admitted. 2 Greenl. Ev., (10 Ed.) §§ 41, 42. Strangers should leave the husband and wife to their legal remedies against one another.; a somewhat milder rule obtains as to parents. Schouler’s Dom.
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Appeal from Montgomery Circuit Court. — Hon. G-. Porter, Judge. Evidence of all the circumstances bearing on the case-should have been admitted. 2 Greenl. Ev., (10 Ed.) §§ 41, 42. Strangers should leave the husband and wife to their legal remedies against one another.; a somewhat milder rule obtains as to parents. Schouler’s Dom. Rel., pp. 57, 58 ; Bennett v. Smith, 21 Barb. 439; Barnes v. Allen, 30 Barb. 663. The instructions given for plaintiff and defendant are inconsistent with each other. Thomas v. Babb, 45 Mo. 384; Henschen v. O’Bannoh, 56 Mo. 289. The answer to the question asked…
1Opinion of the CourtRay, J.
This is a suit instituted by Morton M. Modisett against Aaron McPike for wrongfully and unlawfully poisoning tbe mind of plaintiffs wife against him, and alienating her love and affection from him, by which she was persuaded to separate from him and sever the relation of husband and wife. Defendant filed his answer, denying the material allegations in plaintiff’s petition, and alleging further, that plaintiff was jealous and passionate, and unkind to his wife; and that during three or four years prior to the separation he became an habitual drunkard; and that he became so beastly in his…
2Cases cited3 opinions
- Bennett v. SmithNew York Supreme Court · 1856
- Thomas v. BabbSupreme Court of Missouri · 1870
- Henschen v. O'BannonSupreme Court of Missouri · 1874
3Cited by15 opinions
- Nichols v. NicholsSupreme Court of Missouri · 1898
- Luick v. ArendsNorth Dakota Supreme Court · 1911
- Hartpence v. RogersSupreme Court of Missouri · 1898
- Barton v. BartonMissouri Court of Appeals · 1906
- Oakman v. BeldenSupreme Judicial Court of Maine · 1900
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