Davis v. Stouffer
Missouri Court of Appeals
Appeal from. Saline Circuit Court. — Hon. Samuel O. Davis, Judge. (1) The finding and judgment of the court were against the law. There being no sufficient evidence of cohabitation and reputation, such finding and judgment could only be on the theory that a marriage contract, per verba de praesenti, without more, was a sufficient common law marriage. This is not the law.
Read the full summary
Appeal from. Saline Circuit Court. — Hon. Samuel O. Davis, Judge. (1) The finding and judgment of the court were against the law. There being no sufficient evidence of cohabitation and reputation, such finding and judgment could only be on the theory that a marriage contract, per verba de praesenti, without more, was a sufficient common law marriage. This is not the law. Topper v. Perry, 197 Mo. 546 et seq.; State v. Bittick, 103 Mo. 191; Dyer v. Brannock, 66 M'o. 391; State v. Kennedy, 106 S. W. 58; Oargile et al. v. Wood et al'., 63 Mo. 513; Reaves v. Reaves, 2 L. R. A. (N. S.),,361;…
1Opinion of the CourtEllison, J.
Plaintiff, claiming to be the widow of Dr. Joseph B. Davis, deceased, formerly of Saline county, presented a claim to the probate court of that county, where the estate he left was being administered, asking the allowances which the statute gives a widow, including money in lieu of a year’s provisions, and $400 as part of personal dower. [Secs. 106-108, R. S. 1899.] She prevailed in the probate court and the circuit court, where the case was taken by appeal, and the defendant administrator has brought the case here. The cause was tried before the court, without a jury, and the defense is…
2Cases cited12 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Hulett v. CareySupreme Court of Minnesota · 1896
- Jackson ex dem. Griswold v. BardNew York Supreme Court · 1809
- Dyer v. BrannockSupreme Court of Missouri · 1877
- Jackson, ex rel. Dies v. WinneNew York Supreme Court · 1831
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Grigsby v. ReibTexas Supreme Court · 1913
- Lefkoff v. SicroSupreme Court of Georgia · 1939
- Peters v. PetersSupreme Court of Colorado · 1923
- In Re Estate of SoederOhio Court of Appeals · 1966
- Davidson v. ReamNew York Supreme Court · 1916
8 more not listed; retrieve them via the Exa API.