Libbe v. Libbe
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Lucian J. Eastin, Judge. (1) The ground for divorce alleged by plaintiff in this case was adultery, committed by the mother of the plaintiff’s son, for whom he pretends to have such great affection.
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Appeal from Buchanan Circuit Court. — Hon. Lucian J. Eastin, Judge. (1) The ground for divorce alleged by plaintiff in this case was adultery, committed by the mother of the plaintiff’s son, for whom he pretends to have such great affection. The alleged evidence of the conduct of Mrs. Libbe is thoroughly unreliable, and in face of the denial of the defendant, with all of the circumstances and other evidence, tending to corroborate her, this court will not find the defendant guilty, because the plaintiff has not brought himself within the rule of law, requiring proof of such an act, which not…
1Opinion of the CourtJohnson, J.
— Plaintiff brought this suit December 5, 1908, to obtain a divorce and the custody of bis minor son, the only offspring of his marriage with defendant. The cause pleaded in the petition is adultery.
'* Defendant filed a crossbill in which she prayed for a divorce and the custody of the child on a number of grounds and also for alimony. After hearing the evidence the court dismissed the crossbill, granted plaintiff a divorce and awarded him the custody of the child, then a boy fourteen years of age. After defendant’s motion for a new; trial was overruled she filed her affidavit for appeal and…
2Cases cited9 opinions
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- State ex rel. Clarkson v. St. Louis Court of AppealsSupreme Court of Missouri · 1885
- King v. KingMissouri Court of Appeals · 1890
- Champion Funding & Foundry Co. v. HeskettMissouri Court of Appeals · 1907
- Maget v. MagetMissouri Court of Appeals · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Paxton v. PaxtonMissouri Court of Appeals · 1958
- Libbe v. LibbeMissouri Court of Appeals · 1912
- Harwell v. HarwellMissouri Court of Appeals · 1962
- Ex Parte AppersonSupreme Court of Alabama · 1928
- Dallas v. DallasMissouri Court of Appeals · 1950
6 more not listed; retrieve them via the Exa API.