Legal Opinion

Wolfsberger v. Mort

Missouri Court of Appeals

Decided February 2, 1904PublishedCited by 1 opinion

Appeal from St. Louis County Circuit Court. — Hon. J. W. McElhinney, Judge. The decree of the circuit court is not authorized by nor founded upon any pleading in the case, and therefore can not stand. Newham v. Kenton, 79 Mo. 382; Muenks v. Bunch, 90 Mo. 500; Reed v. Bott, 100 Mo. 62; Leet v. Gratz, 92 Mo.

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Appeal from St. Louis County Circuit Court. — Hon. J. W. McElhinney, Judge. The decree of the circuit court is not authorized by nor founded upon any pleading in the case, and therefore can not stand. Newham v. Kenton, 79 Mo. 382; Muenks v. Bunch, 90 Mo. 500; Reed v. Bott, 100 Mo. 62; Leet v. Gratz, 92 Mo. App. 438. Where property is acquired in the name of the wife during coverture, the presumption of law is that it was paid for with the means of the husband, and is his property; the burden is on her to show that it was acquired by her, with her separate means; in the absence of such…

1Opinion of the CourtBland, P. J.

(after stating the facts as above.) — We think the evidence clearly shows that much of Mrs. Fritsch’s bank deposit was of money received from her husband. The evidence is so indefinite as to the amount she earned by her own labor as to make it impossible, to form a just estimate of it, but from her testimony we think the inference is reasonable that her earnings were wholly insufficient to make up half of the amount it is shown she deposited from time to time in bank. But it is contended that as the evidence shows Emil Fritsch *261"had no property except the furnishings of his barbei shop, and as…

2Cases cited10 opinions

  1. Thomas v. ThomasSupreme Court of Missouri · 1891
  2. First National Bank v. SimpsonSupreme Court of Missouri · 1899
  3. Bettes v. MagoonSupreme Court of Missouri · 1885
  4. Seay v. HesseSupreme Court of Missouri · 1894
  5. Jones v. ElkinsSupreme Court of Missouri · 1898

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3Cited by1 opinion

  1. Jones v. HoganMissouri Court of Appeals · 1909

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