Coulter v. Coulter
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) The statute provides that “no person shall be entitled to a divorce from the bonds of matrimony who has not resided within the State one whole year next before the filing of the petition, unless the offense or injury complained of was committed in this State, or whilst one or both of the parties resided within the State.”
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Appeal from Pemiscot Circuit Court. — Hon. Henry G. Riley, Judge. (1) The statute provides that “no person shall be entitled to a divorce from the bonds of matrimony who has not resided within the State one whole year next before the filing of the petition, unless the offense or injury complained of was committed in this State, or whilst one or both of the parties resided within the State.” The petition fails to make this statutory allegation, but instead only states that he has resided in Pemiscot, county, Missouri, more than one whole year before filing this petition. The allegation should…
1Opinion of the CourtNortoni, J.
Plaintiff sued for divorce, alleging indignities, and upon a trial, the circuit court found the issues in his favor, whereupon a decree was entered to that effect, dissolving the bonds of matrimony existing between the plaintiff and defendant. We have carefully perused the entire record, but refrain from a statement of facts in proof for the reason that the case must be disposed of on a question arising on the pleading. The plaintiff in his petition, instead of averring that he had resided within the State “one whole year next before the filing of the petition,” in conformity with the statute…
2Cases cited12 opinions
- Missouri Pacific Railway Co. v. RichmondTexas Supreme Court · 1889
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Werz v. WerzMissouri Court of Appeals · 1881
- Pate v. PateMissouri Court of Appeals · 1878
- Donaldson v. County of ButlerSupreme Court of Missouri · 1889
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3Cited by11 opinions
- Phelps v. PhelpsMissouri Court of Appeals · 1952
- Eames v. EamesMissouri Court of Appeals · 1971
- Lewis v. LewisMissouri Court of Appeals · 1943
- Wyrick v. WyrickMissouri Court of Appeals · 1912
- Grant v. GrantMissouri Court of Appeals · 1959
6 more not listed; retrieve them via the Exa API.