Viertel v. Viertel
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Eon. William E. Martin, Judge. (1) Tbe court erred in ruling that plaintiff was incompetent to testify to wbat occurred between her and her husband when no one else was present. Tbe petition charged that he threatened to assault her and do her personal violence and made demonstrations as if to carry out said threats. She was competent to testify to such matters. Sehweikert v. Sehweikert, 108 Mo. App. 477; Maget v. Maget, 85 Mo.
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Appeal from Cooper Circuit Court. — Eon. William E. Martin, Judge. (1) Tbe court erred in ruling that plaintiff was incompetent to testify to wbat occurred between her and her husband when no one else was present. Tbe petition charged that he threatened to assault her and do her personal violence and made demonstrations as if to carry out said threats. She was competent to testify to such matters. Sehweikert v. Sehweikert, 108 Mo. App. 477; Maget v. Maget, 85 Mo. App. 9. (2) If the allegations of the petition and the facts testified to by the plaintiff are true, she is clearly entitled to a…
1Opinion of the Court
BROADDUS, P. J. — This
is a suit for divorce on the ground of certain alleged indignities of the husband against the wife. They were married in 1891. At the beginning of the suit they had two children, one born to them having died previously.
The grounds relied on for a divorce are as follows: That on March 6, 1902, defendant threatened plaintiff with personal violence, by holding his clenched fist above her head and saying, “God-damn you, I’ll kill you, you God-damned son of a bitch;” that he applied opprobrious and obscene words to her; that he threatened to abandon her and remove to Kansas…
2Cases cited3 opinions
- Moore v. MooreMissouri Court of Appeals · 1890
- Guthrie v. GuthrieMissouri Court of Appeals · 1887
- Welch v. WelchMissouri Court of Appeals · 1892
3Cited by7 opinions
- Viertel v. ViertelSupreme Court of Missouri · 1908
- Herriford v. HerrifordMissouri Court of Appeals · 1913
- Tate v. TateMissouri Court of Appeals · 1933
- Bliss v. BlissMissouri Court of Appeals · 1912
- Dimmitt v. DimmittMissouri Court of Appeals · 1912
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