Creasey v. Creasy
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The only issues of fact that can be raised or tried are whether the husband without good cause has abandoned his wife and neglected or refused to support her. Sharpe v. Sharpe, 134 Mo. App. 278; Youngs v. Youngs, 78 Mo. App. 225; McUrady v. McGrady, 48 Mo. App. 668. The time at which the above facts should appear is of the date of the institution of the suit. Polster v. Polster, 145 Mo.
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The only issues of fact that can be raised or tried are whether the husband without good cause has abandoned his wife and neglected or refused to support her. Sharpe v. Sharpe, 134 Mo. App. 278; Youngs v. Youngs, 78 Mo. App. 225; McUrady v. McGrady, 48 Mo. App. 668. The time at which the above facts should appear is of the date of the institution of the suit. Polster v. Polster, 145 Mo. App. 606; State v. Weise, 156 Mo. App. 135. (2) Plaintiff, as the injured and innocent part3r, had the right to determine whether or not…
1Opinion of the CourtCaulfield, J.
(after stating the facts).— Plaintiff’s counsel advances the theory that the only issues of fact that could he raised or tried were whether the husband, without good cause, abandoned his wife and neglected or refused to support her, and that therefore it' was error for the court to consider the question whether the defendant was able and willing to resume his duty of making proper provision for his wife and to become reconciled to her and honestly endeavored to do so. Carrying this theory to its logical conclusion, plaintiff’s counsel contends in his brief that an abandonment and failure to…
2Cases cited3 opinions
- Skittletharpe v. Skittletharpe.Supreme Court of North Carolina · 1902
- Kuhl v. KuhlMissouri Court of Appeals · 1911
- Schraeder v. SchraederAppellate Court of Illinois · 1888
3Cited by5 opinions
- Creasey v. CreaseyMissouri Court of Appeals · 1912
- Prichard v. PrichardMissouri Court of Appeals · 1915
- Stauffer v. StaufferMissouri Court of Appeals · 1920
- Lovingood v. LovingoodMissouri Court of Appeals · 1971
- Willardson v. WillardsonUtah Supreme Court · 1918