Legal Opinion

Million v. Million

Missouri Court of Appeals

Decided April 4, 1904PublishedCited by 5 opinions

Appeal from Atchison Circuit Court. — Ho». C. A. Anthony, Special Judge. (1) The court erred in finding for plaintiff for the reason, that the charges of habitual drunkenness and intolerable indignities, the ■ only grounds sought to be charged in the petition are not sustained by the evidence. In fact indignities are not really charged. (2) The court erred in not granting defendant a divorce upon the matters charged in his cross-bill.

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Appeal from Atchison Circuit Court. — Ho». C. A. Anthony, Special Judge. (1) The court erred in finding for plaintiff for the reason, that the charges of habitual drunkenness and intolerable indignities, the ■ only grounds sought to be charged in the petition are not sustained by the evidence. In fact indignities are not really charged. (2) The court erred in not granting defendant a divorce upon the matters charged in his cross-bill. Her conduct with Cunningham, her improper suggestions to Bolton, and her secretive manner of treating and finally leaving her husband, her false statements and…

1Opinion of the CourtEllison, J.

This action was brought by plaintiff against her husband for divorce. The decree was for plaintiff and that she have the custody of their two minor children. Defendant thereupon appealed.

The charge in plaintiff’s petition, was habitual drunkenness and indignities which rendered her condition intolerable. Defendant filed a cross-bill in which he charged indignities against plaintiff in having a clandestine correspondence with a man; and with improper *683and indelicate conversations -with other men. The further specific charge of adultery was made.

The evidence disclosed that plaintiff and defendr…

2Cases cited4 opinions

  1. King v. KingMissouri Court of Appeals · 1890
  2. Torlotting v. TorlottingMissouri Court of Appeals · 1899
  3. McCann v. McCannMissouri Court of Appeals · 1901
  4. Adkins v. AdkinsMissouri Court of Appeals · 1895

3Cited by5 opinions

  1. Cherry v. CherryMissouri Court of Appeals · 1931
  2. Scheerer v. WaltnerMissouri Court of Appeals · 1931
  3. Hess v. FoxMissouri Court of Appeals · 1910
  4. Idalia Realty & Development Co. v. NormanMissouri Court of Appeals · 1914
  5. Ryan v. HughesMissouri Court of Appeals · 1917

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