Robertson v. Robertson
Missouri Court of Appeals
Appeal from Jasper Comity Circuit Court, Division No. Two. — Hon. Do,vid E. Blair, Judge. (1) The court acquired no jurisdiction of the ■cause of defendant for the reason the petition was not .accompanied by an affidavit such as required by section 2371, R. S. 1909, it was signed by no one. Loveless v. Hinkle, 204 Mo: 208; Hargadan v. Van Horn, 72 Mo. 370; Norman v. Horn, 36 Mo. App. 424; Third National Bank of Sedalia v. Garton, 40 Mo.
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Appeal from Jasper Comity Circuit Court, Division No. Two. — Hon. Do,vid E. Blair, Judge. (1) The court acquired no jurisdiction of the ■cause of defendant for the reason the petition was not .accompanied by an affidavit such as required by section 2371, R. S. 1909, it was signed by no one. Loveless v. Hinkle, 204 Mo: 208; Hargadan v. Van Horn, 72 Mo. 370; Norman v. Horn, 36 Mo. App. 424; Third National Bank of Sedalia v. Garton, 40 Mo. App. 120. (2) This action is in the fullest extent and meaning, an action in rein and the judgment sought to he set aside is the res and the only court that…
1Opinion of the CourtFarrington, J.
This action is designed to accomplish the annulment of a decree of divorce granted Esther Robertson by the circuit court of Jasper county, Missouri, at its February term, 1911, and is based on charges of fraud in the procurement thereof.
Plaintiff’s petition herein alleges that in 1908 Esther Robertson was unsuccessful in a divorce suit against plaintiff in the circuit court of Jackson county, Missouri, and that in 1909, in the same county in a second action for divorce against plaintiff, after the court had heard the evidence and intimated that the petition would be dismissed, a nonsuit with…
Also in this document: Concurrence.
2Cases cited13 opinions
- Hargadine v. Van HornSupreme Court of Missouri · 1880
- Hinkle v. LovelaceSupreme Court of Missouri · 1907
- Anderson v. Cochran, AdministratrixTexas Supreme Court · 1900
- Moore v. MooreMissouri Court of Appeals · 1890
- Eliot v. Kansas City, Ft. Scott & Memphis RailroadSupreme Court of Missouri · 1907
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3Cited by7 opinions
- Ritzer v. RitzerMichigan Supreme Court · 1928
- State v. TaylorMissouri Court of Appeals · 1959
- Beckwith v. City of MaldenMissouri Court of Appeals · 1923
- Unjian v. UnjianMichigan Supreme Court · 1955
- Walls v. TinsleyMissouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.