Collins v. Collins
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. E. C. Devobe, Special Judge. (1) Plaintiff’s petition is not sufficient to constitute a cause of action for divorce. It is intended to be bottomed upon indignities, but the word indignity does not appear in it. (2) Plaintiff alleges that, at some time prior to the filing of said petition, he was a resident of' the state of Missouri for more than a year, and that he so resided in this state at the time of filing his petition.
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Appeal from the Jasper Circuit Court. — Hon. E. C. Devobe, Special Judge. (1) Plaintiff’s petition is not sufficient to constitute a cause of action for divorce. It is intended to be bottomed upon indignities, but the word indignity does not appear in it. (2) Plaintiff alleges that, at some time prior to the filing of said petition, he was a resident of' the state of Missouri for more than a year, and that he so resided in this state at the time of filing his petition. He does not inform the court whether it was the year next before the filing of the petition, or some other year prior…
1Opinion of the CourtEllison, J.
— The plaintiff instituted this action for divorce, alleging that his condition was rendered intolerable by defendant, and setting up specific acts of defendant, which he alleges had the effect upon bim stated in the petition. He applied for a change of venue from the judge, alleging the latter’s prejudice *472against him. Pending the application a stipulation was made between plaintiff and defendant’s attorneys, agreeing- upon E. 0. Devore as a special judge. An answer, consisting of a general denial, was filed by defendant’s attorney, and so likewise was an applcation for alimony. Judgment was…
2Cases cited2 opinions
- Hansford v. HansfordMissouri Court of Appeals · 1889
- Smith v. SmithMissouri Court of Appeals · 1892
3Cited by15 opinions
- Martin v. MartinSupreme Court of Alabama · 1911
- Stansbury v. StansburyMissouri Court of Appeals · 1906
- Johnson v. JohnsonMissouri Court of Appeals · 1902
- Arndt v. ArndtMissouri Court of Appeals · 1914
- Coulter v. CoulterMissouri Court of Appeals · 1907
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