Miles v. Miles
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. John G. Park, Judge. (1) Tbe court erred in refusing tbe plaintiff a divorce. (2) Tbe plaintiff made tbe necessary proof to obtain bis divorce and bad and bas a legal right to it. The court bad no discretion to deny it. Grenzebach v. Grenzebach, 118 Mo. App. 280; Wald v. Wald, 119 Mo. App. 341; Wares v. Wares, 122 Mo. App. 129. (1) The court committed no error in denying the divorce prayed for by appellant.
Read the full summary
Appeal from Jackson Circuit Court. — Eon. John G. Park, Judge. (1) Tbe court erred in refusing tbe plaintiff a divorce. (2) Tbe plaintiff made tbe necessary proof to obtain bis divorce and bad and bas a legal right to it. The court bad no discretion to deny it. Grenzebach v. Grenzebach, 118 Mo. App. 280; Wald v. Wald, 119 Mo. App. 341; Wares v. Wares, 122 Mo. App. 129. (1) The court committed no error in denying the divorce prayed for by appellant. Even if all the indignities testified to by him as having been committed by his wife are taken as true he is not entitled to divorce because it…
1Opinion of the CourtEllison, J.
— Plaintiff instituted an action for divorce and defendant filed a cross-bill. The trial court refused a divorce to either and dismissed the bill. Plaim tiff thereupon appealed to this court.
As insisted by plaintiff, it is quite true that in a divorce case if a party shows himself to be entitled to a divorce under the law it is the duty of the trial court to grant it. [Wares v. Wares, 122 Mo. App. 129; Wald v. Wald, 119 Mo. App. 341, 348.]
But it is also true that while one may show the acts and- conduct of the other are sufficient to establish a cause for divorce if such acts had been…
2Cases cited3 opinions
- Wald v. WaldMissouri Court of Appeals · 1906
- Wells v. WellsMissouri Court of Appeals · 1904
- Wares v. WaresMissouri Court of Appeals · 1906
3Cited by4 opinions
- Willis v. WillisMissouri Court of Appeals · 1954
- LeBeau v. LeBeauMissouri Court of Appeals · 1963
- Fudge v. FudgeMissouri Court of Appeals · 1962
- Freebairn v. FreebairnMissouri Court of Appeals · 1961