Legal Opinion

Sharpe v. Sharpe

Missouri Court of Appeals

Decided November 17, 1908PublishedCited by 7 opinions

Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The court erred in setting aside the decree of divorce granted the defendant herein on the ground that it had no jurisdiction of the cross-hill because it was improperly joined in issue. Plaintiff by answering the cross-bill waived all objections upon the joining of issues and was confined to the merits of the cause.

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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The court erred in setting aside the decree of divorce granted the defendant herein on the ground that it had no jurisdiction of the cross-hill because it was improperly joined in issue. Plaintiff by answering the cross-bill waived all objections upon the joining of issues and was confined to the merits of the cause. Kansas City v. Youmahs, 213 Mo. 151; R. S. 1899, secs. 602, 672; House v. Lowell, 45 Mo. 381; Daily v. Houston, 58 M'o. 361; Mead v. Brown, 65 Mo. 352; Thompson v. School Dist., 71 Mo. 495; Blair, v.…

1Opinion of the CourtBland, P. J.

Plaintiff and defendant are husband and wife and both reside in the city of St. Louis. Plaintiff brought suit for maintenance in accordance with the provisions of section 4327, Revised Statutes 1899. Plaintiff alleged in her petition that defendant had abandoned her without cause and neglected and refused to support her. By his answer defendant admitted the marriage hut denied every other allegation of the petition. He also pleaded a-cross action for divorce, to which plaintiff filed a general denial. After hearing the evidence the court dismissed plaintiff’s petition and granted defendant a…

2Cases cited5 opinions

  1. McIntire v. McIntireSupreme Court of Missouri · 1883
  2. Doyle v. DoyleSupreme Court of Missouri · 1858
  3. Stansbury v. StansburyMissouri Court of Appeals · 1906
  4. Johnson v. JohnsonMissouri Court of Appeals · 1902
  5. Hinrichs v. HinrichsMissouri Court of Appeals · 1900

3Cited by7 opinions

  1. State Ex Rel. Fawkes v. BlandSupreme Court of Missouri · 1948
  2. Coates v. CoatesMissouri Court of Appeals · 1983
  3. Dorrance v. DorranceSupreme Court of Missouri · 1914
  4. State Ex Rel. Rodgers v. WhiteMissouri Court of Appeals · 1947
  5. Kennedy v. KennedyMissouri Court of Appeals · 1930

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