Johns v. Johns
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Bon. Vital W. Garesche, Judge. (1) A separation agreement between husband and wife, which is fair and reasonable and where the separation has taken place or immediately follows, will not be repudiated by the courts. Fisher v. Clopton, 110 Mo. App. 663. (2) It will not be upheld if the parties are living together or continue so to do. Speiser v. Speiser, 188 Mo.
Read the full summary
Appeal from the Circuit Court of the City of St. Louis. —Bon. Vital W. Garesche, Judge. (1) A separation agreement between husband and wife, which is fair and reasonable and where the separation has taken place or immediately follows, will not be repudiated by the courts. Fisher v. Clopton, 110 Mo. App. 663. (2) It will not be upheld if the parties are living together or continue so to do. Speiser v. Speiser, 188 Mo. App. 328. (3) If after separation under au agreement the parties come together and resume their relation as husband and wife the separation agreement becomes abrogated. Roberts…
1Opinion of the CourtReynolds, P. J.
Plaintiff brought her action for ■divorce against the defendant, on the ground of desertion continued for a period of more than one year next prior to the filing of the petition, which was on March 16, 1917. The date of the desertion is given as Septem ber 25, 1914, and alleged to have been without canse. Stating that the defendant is an able-bodied naan and earns good wages, plaintiff prays alimony and suit money pending the suit and a reasonable sum by way of permanent alimony in the final decree.
The answer, after a general denial, sets up that on September 18, 1914, plaintiff and defendant…
2Cases cited8 opinions
- Rice, Stix & Co. v. SallySupreme Court of Missouri · 1903
- Smoot v. JuddSupreme Court of Missouri · 1904
- O'Day v. MeadowsSupreme Court of Missouri · 1906
- Roberts v. HardyMissouri Court of Appeals · 1901
- Speiser v. SpeiserMissouri Court of Appeals · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Denny v. GuytonSupreme Court of Missouri · 1932
- Seman v. IllgenfritzMissouri Court of Appeals · 1929
- Monroe v. MonroeMissouri Court of Appeals · 1957