Maier v. Brock
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The trial court erred in holding that a divorce between plaintiff and her husband should be presumed on account of subsequent marriages under a different name. The court erred in holding that plaintiff could not recover.
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Appeal from Jasper Circuit Court. — Hon. Hugh Dabbs, Judge. (1) The trial court erred in holding that a divorce between plaintiff and her husband should be presumed on account of subsequent marriages under a different name. The court erred in holding that plaintiff could not recover. The presumption of a valid marriage springing from the proof of the three marriage ceremonies performed in America is rebutted by the proof that the marriage with plaintiff is valid, that she was still living and had béen true to her marital vows, and that the first marriage had not been dissolved in the…
1Opinion of the CourtWoodson, J.
The plaintiff brought this suit for the assignment of dower, in the circuit court of Jasper county.
The petition was in the usual form. The answer was a general denial, and a plea that plaintiff was an alien, a resident of Germany, and had never resided in this country. The reply was a general denial of the new matter contained in the answer.
The evidence showed that plaintiff was married to one Josef Maier on January 24, 1865, in the Empire of Germany, and that they lived together as man and wife until the spring of 1866, when he left her and came to the United States. Shortly after he reached…
2Cases cited38 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Hunter v. HunterCalifornia Supreme Court · 1896
- Carroll v. CarrollTexas Supreme Court · 1858
- Yates v. HoustonTexas Supreme Court · 1848
- Boulden v. McIntireIndiana Supreme Court · 1889
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3Cited by34 opinions
- State v. ByrdSupreme Court of Missouri · 1984
- In re the Application for Letters of Administration de Bonis Non on the Goods, Chattels & Credits of MeehanAppellate Division of the Supreme Court of the State of New York · 1912
- Nelson v. JonesSupreme Court of Missouri · 1912
- Marsh v. Van Allen MarshCalifornia Court of Appeal · 1926
- Brigham v. HughsonCalifornia Supreme Court · 1916
29 more not listed; retrieve them via the Exa API.