Ecton v. Tomlinson
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Hon. E. S. Gantt, Judge. (1) The court in the divorce case had jurisdiction over the parties, and the subject-matters, and the judgment there rendered even though erroneous, not being appealed from or set aside, became final and the plaintiff became bound thereby and cannot attack said judgment in this case. Murphy v. De France, 101 Mo. 151; State ex rel. v. Edwards, 192 Mo.
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Appeal from Audrain Circuit Court. — Hon. E. S. Gantt, Judge. (1) The court in the divorce case had jurisdiction over the parties, and the subject-matters, and the judgment there rendered even though erroneous, not being appealed from or set aside, became final and the plaintiff became bound thereby and cannot attack said judgment in this case. Murphy v. De France, 101 Mo. 151; State ex rel. v. Edwards, 192 Mo. App. 413; State v. McCord, 207 Mo. 519. (2) Plaintiff by accepting the decree in the divorce case and getting more property thereunder than she would have gotten if said decree had not…
1Opinion of the Court
RAGLAND, C.
This is a suit for the recovery of dower and is here by appeal from the Circuit Court of Audrain County. The petition is conventional. The answer pleads the decree of divorcé hereinafter set out as a complete defense in that it operated to extinguish dower, as it is claimed, and also by way of' estoppel.
Respondent, a widow with two children, in 1901, married one William S. Ragsdale. In .1907 she secured a divorce from him for his fault and misconduct. The decree of divorce, as far as material in this case, is as follows:
*285“And the court doth further find that the said plaintiff is…
2Cases cited9 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
- Mohler v. Estate of ShankSupreme Court of Iowa · 1895
- State ex rel. McManus v. MuenchSupreme Court of Missouri · 1909
- Marvin v. FosterSupreme Court of Minnesota · 1895
- Chapman v. ChapmanSupreme Court of Missouri · 1917
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3Cited by18 opinions
- La Presto v. La PrestoSupreme Court of Missouri · 1955
- State v. District Court of Eighth Jud. Dist.Wyoming Supreme Court · 1925
- Laumeier v. LaumeierSupreme Court of Missouri · 1925
- State v. CreedSupreme Court of Missouri · 1923
- Aldrich v. AldrichWest Virginia Supreme Court · 1962
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