Legal Opinion

Droege v. Droege

Missouri Court of Appeals

Decided December 19, 1893PublishedCited by 7 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The evidence shows that defendant absented herself from plaintiff without reasonable cause for the space of one whole year before the filing of his petition, and therefore the appellant is entitled to a decree of divorce.

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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The evidence shows that defendant absented herself from plaintiff without reasonable cause for the space of one whole year before the filing of his petition, and therefore the appellant is entitled to a decree of divorce. Bishop on Marriage• and Divorce [Ed. 1891], sections 1742, 1217 and 1753; 5 American and English Encyclopedia of Law, p. 205, note 2; Pierce v. Pierce, 33 Iowa, 238; Skean v. Skean, 33 N. J. Eq.; Messenger v. Messenger, 56 Mo. 329; Taylor v. Taylor, 80 Iowa, 29; Van Dyke v. Van Dyke, 135 Pa. St.…

1Opinion of the CourtBiggs, J.

Action for divorce. The plaintiff alleged in his petition that, in July, 1884, the defendant, his wife, left their home without good and sufficient cause, and that since that time she had absented herself from him without a reasonable ■ cause. The answer is a general denial. The circuit court, upon a hearing, dismissed the proceeding, and the plaintiff has brought the case here for review.

Desertion, in the law of divorce, “is the voluntary separation of one of the married parties from the other, or the voluntary refusal to renew a suspended cohabitation, without justification either in the…

2Cases cited5 opinions

  1. Owen v. OwenMissouri Court of Appeals · 1892
  2. Gillinwaters v. GillinwatersSupreme Court of Missouri · 1859
  3. Crow v. CrowSupreme Court of Alabama · 1853
  4. Fulton v. FultonMississippi Supreme Court · 1858
  5. Droege v. DroegeMissouri Court of Appeals · 1892

3Cited by7 opinions

  1. Price v. PriceMissouri Court of Appeals · 1955
  2. Campbell v. CampbellMissouri Court of Appeals · 1955
  3. Creasey v. CreaseyMissouri Court of Appeals · 1912
  4. Nicholson v. NicholsonMissouri Court of Appeals · 1924
  5. Boos v. BoosMissouri Court of Appeals · 1901

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