Hall v. Hall
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The court did not err in overruling defendant’s objections to the letters from defendant to plaintiff, (a) They constitute a part of the res gestae of defendant’s absence, and were admissible. Darrier v. Darrier, 58 Mo. 222; State v. Newberry, 43 Mo. 429; Sauter v. Scrutchfield, 28 Mo. App. 150. (b) Defendant waived objections by not objecting when the letters were offered in evidence.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. The court did not err in overruling defendant’s objections to the letters from defendant to plaintiff, (a) They constitute a part of the res gestae of defendant’s absence, and were admissible. Darrier v. Darrier, 58 Mo. 222; State v. Newberry, 43 Mo. 429; Sauter v. Scrutchfield, 28 Mo. App. 150. (b) Defendant waived objections by not objecting when the letters were offered in evidence. Where a party has an opportunity to interpose an objection, he can not take the chances that the evidence will be favorable to him,…
1Opinion of the CourtBond, J.
The husband sues the wife for divorce, for alleged unreasonable desertion for the statutory period. The answer admits absence for more than one year, but denies that it was without the husband’s consent and alleges his full approval, and further avers a willingness to return if she is provided with the money to defray her expenses home. The evidence shows that the parties were married in June, 1894; that prior *603to that time plaintiff lived in St. Louis, and defendant owned a corset business in New Orleans; that in December following the marriage she went to New Orleans for the purpose of…
2Cases cited5 opinions
- State v. UlrichSupreme Court of Missouri · 1892
- State v. WeberMissouri Court of Appeals · 1892
- Harlan v. MooreSupreme Court of Missouri · 1896
- Mahner v. LinckMissouri Court of Appeals · 1897
- Brown v. BrownMissouri Court of Appeals · 1893
3Cited by7 opinions
- Price v. PriceMissouri Court of Appeals · 1955
- Campbell v. CampbellMissouri Court of Appeals · 1955
- Tarrant v. TarrantMissouri Court of Appeals · 1911
- Schuman v. SchumanMissouri Court of Appeals · 1902
- Thompson v. PinnellSupreme Court of Missouri · 1911
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