Legal Opinion

Amerland v. Amerland

Missouri Court of Appeals

Decided February 2, 1915PublishedCited by 4 opinions

Appeal from St. Charles Circuit Court.—Hon. B. H. Dyer, Judge. (1) The petition is fatally defective in that it fails to aver that plaintiff is a resident of the State of Missouri, and had resided in this State one whole year nest before the filing of her petition; nor does it aver that the offense or injury complained of was committed within this State, or while one or both of the parties resided in this State. Sec. 2373, R. S. 1909; Stansbury v. Stansbury, 118 Mo.

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Appeal from St. Charles Circuit Court.—Hon. B. H. Dyer, Judge. (1) The petition is fatally defective in that it fails to aver that plaintiff is a resident of the State of Missouri, and had resided in this State one whole year nest before the filing of her petition; nor does it aver that the offense or injury complained of was committed within this State, or while one or both of the parties resided in this State. Sec. 2373, R. S. 1909; Stansbury v. Stansbury, 118 Mo. App. 427; Coulter v. Coulter, 124 Mo. App. 149; Gordon v. Gordon, 128 Mo. App. 710; Roberson v. Roberson, 149 Mo. App. 733. (2)…

1Opinion of the CourtReynolds, P. J.

The plaintiff, as appears by the abstract of the record filed by appellant, who was defendant below, commenced this action in the Circuit Court of St. Charles County, on the 6th day of October, 1911, upon which day summons issued and was served on defendant. On the 24th day of June, *531912, plaintiff filed an amended petition. In this amended petition plaintiff states: ‘ ‘ That on the 30th day of April, 1906, in the eonnty of St. Charles, in the State of Missouri, she was lawfully married to defendant and that she continued to live with defendant as his wife from and after, the day and year…

2Cases cited19 opinions

  1. Brown v. KeeneSupreme Court of the United States · 1834
  2. Forrister v. SullivanSupreme Court of Missouri · 1910
  3. Walker v. Wabash RailroadSupreme Court of Missouri · 1906
  4. Werz v. WerzMissouri Court of Appeals · 1881
  5. Hansford v. HansfordMissouri Court of Appeals · 1889

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3Cited by4 opinions

  1. Eames v. EamesMissouri Court of Appeals · 1971
  2. Lewis v. LewisMissouri Court of Appeals · 1943
  3. Gooding v. GoodingMissouri Court of Appeals · 1946
  4. Kennedy v. KennedyMissouri Court of Appeals · 1930

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