Ross v. Ross
Missouri Court of Appeals
Appeal from the Butler. Circuit Court. — Hon. J. L. Fori, Judge. - (1) That plaintiff did not allege that the absence was without reasonable cause, and a divorce on this ground, if granted was contrary to law. (2) Without this allegation the charge does not constitute a ground of divorce. Preeland v. Preeland, 19 Mo. 354. If there was a desertion to condone, it was condoned.
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Appeal from the Butler. Circuit Court. — Hon. J. L. Fori, Judge. - (1) That plaintiff did not allege that the absence was without reasonable cause, and a divorce on this ground, if granted was contrary to law. (2) Without this allegation the charge does not constitute a ground of divorce. Preeland v. Preeland, 19 Mo. 354. If there was a desertion to condone, it was condoned. Twyman v. Twyman, 27 Mo. 383; Grillinwaters v. Grillinwaters, 28 Mo. 60. (3) Upon the whole case it is submitted that the decree giving plaintiff a divorce was against the law and the evidence, and that defendant should…
1Opinion of the CourtBland, P. J.
This appeal is here without a single exception having been saved to any of the' rulings of the trial court during the progress of the trial. The pleadings are sufficient in form and substance and are unassailed. The evidence is here by abstracts. The original bill of exceptions it is said contains 300 pages of typewritten verbal testimony and 1,100 pages of additional testimony in the form of depositions. We are asked to reverse the judgment on the sole ground that the evidence does not warrant it. Without all the evidence we are unable to say that the court came to a *332wrong conclusion. We…
2Cases cited2 opinions
- Trimble v. WollmanMissouri Court of Appeals · 1895
- Wilds v. German InsuranceMissouri Court of Appeals · 1896
3Cited by1 opinion
- Bates v. Ruth & Mengal Realty Co.Missouri Court of Appeals · 1901