Legal Opinion

Thiesen v. Thiesen

Missouri Court of Appeals

Decided July 19, 1912PublishedCited by 1 opinion

Appeal from St. Louis County Circuit Court. — Hon, John W. McElhinney, Judge. (1) A petition alleging indignities in general terms is not sufficiently specific under the statute. Bauers v. Bauers, 19 Mo. 351; Endsley v. Endsley, 89 Mo. App. 600-; Dwyer v. Dwyer, 26 Mo. App. 659. (2) One or two unconnected acts cannot be pleaded as showing that the plaintiff is entitled to a divorce on' the ground of indignities offered by the defendant to the plaintiff.

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Appeal from St. Louis County Circuit Court. — Hon, John W. McElhinney, Judge. (1) A petition alleging indignities in general terms is not sufficiently specific under the statute. Bauers v. Bauers, 19 Mo. 351; Endsley v. Endsley, 89 Mo. App. 600-; Dwyer v. Dwyer, 26 Mo. App. 659. (2) One or two unconnected acts cannot be pleaded as showing that the plaintiff is entitled to a divorce on' the ground of indignities offered by the defendant to the plaintiff. Kernpf v. Kernpf, 34 Mo. 211; Cannomv. Cannon, 17 Mo.' App. 390;'Mahn v. Mahn, 70 Mo. App>. 337. In the case at bar the wranglings and…

1Opinion of the CourtNortoni, J.

-This is a suit for divorce. The finding and decree were for plaintiff and defendant prosecutes the appeal.

The petition alleges that defendant offered plaintiff such indignities as to render her condition intolerable, etc., and proceeds to specify a number of the,indignities proved at the trial. It is urged that the-petition is insufficient to support the judgment, but,, obviously, the argument is without merit, for, though it contains some general averments, a number of the specific indignities relied upon are amply set forth.

Both plaintiff and defendant are middle-aged persons and each had…

2Cases cited2 opinions

  1. Griesedieck v. GriesedieckMissouri Court of Appeals · 1894
  2. Meyer v. MeyerMissouri Court of Appeals · 1911

3Cited by1 opinion

  1. Bowers v. BowersMissouri Court of Appeals · 1931

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