Legal Opinion

McCann v. McCann

Missouri Court of Appeals

Decided November 19, 1901PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) “The court& should construe the clause of tbe statute concerning indignities (as a ground of divorce) liberally.” Dawson v. Dawson, 23 Mo.

Read the full summary

Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) “The court& should construe the clause of tbe statute concerning indignities (as a ground of divorce) liberally.” Dawson v. Dawson, 23 Mo. App. 169. (2) Though the statute provides that- habitual drunkenness shall be a ground of divorce, yet even occasional drunkenness — and certainly habitual — may form a part of the indignities which render one’s condition intolerable, and the same is true of adultery. Connor v. Connor, 17 Mo. App. 390; Kempf v: Kernpf, 34 Mo. 214; Wheeler v. Wheeler, 63 Mo. App. 298. (3)…

1Opinion of the CourtBarclay, J.

— This is an appeal by plaintiff from a decree dismissing her petition for divorce.

In the circuit court a cross-bill was interposed by defend*3ant; but the court dismissed it along with the plaintiffs petition.

The plaintiff filed a motion for new tidal, which was overruled; and, after the necessary formalities, the cause was brought here for review.

The plaintiff complains of a course of improper conduct on the part of her husband, manifested in a number of distinct facts, which she alleges are indignities rendering her condition intolerable — one of the statutory grounds for divorce in Missouri…

2Cases cited1 opinion

  1. Hooper v. HooperSupreme Court of Missouri · 1854

3Cited by6 opinions

  1. Harless v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1907
  2. England v. EnglandMissouri Court of Appeals · 1931
  3. Taussig v. Southern Mill & Land Co.Missouri Court of Appeals · 1907
  4. Million v. MillionMissouri Court of Appeals · 1904
  5. Wirthman v. WirthmanMissouri Court of Appeals · 1931

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API