McCloskey v. McCloskey
Missouri Court of Appeals
Appeal from St. Lonis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) The first proposition upon which we rely is that a father can not be charged with necessaries furnished to his minor children unless it is shown that they were furnished after a refusal, or conduct which is equivalent to a refusal, on the part of the father to furnish them. Eogers v. Turner, 59 Mo. 116. In the present casé nothing of the sort was shown.
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Appeal from St. Lonis City Circuit Court. — Hon. Walter B. Douglas, Judge. (1) The first proposition upon which we rely is that a father can not be charged with necessaries furnished to his minor children unless it is shown that they were furnished after a refusal, or conduct which is equivalent to a refusal, on the part of the father to furnish them. Eogers v. Turner, 59 Mo. 116. In the present casé nothing of the sort was shown. On the contrary, the evidence not only fails to show a refusal, but it shows affirmatively an ability and a willingness on the part of defendant to furnish all…
1Opinion of the CourtGoode, J.
Prior to January, 1898, appellant and respondent were husband and wife, residing in the city of St. Louis, Missouri, with their six children, of various ages, though all of them were minors during the period embraced by the account for which the respondent sued.
The parties were married in 1877, but ceased to live together some time before 1896, in Eebruary of which year John McOloskey instituted a divorce suit against his wife, who filed a cross-bill asking for alimony pendente lite, and for a decree for the maintenance of the children. That case was in this court and is reported in 68 Mo.…
2Cases cited16 opinions
- Plaster v. PlasterIllinois Supreme Court · 1868
- Buckminster v. BuckminsterSupreme Court of Vermont · 1865
- Ramsey v. RamseyIndiana Supreme Court · 1889
- Zilley v. DunwiddieWisconsin Supreme Court · 1898
- Biffle v. PullamSupreme Court of Missouri · 1893
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3Cited by11 opinions
- Kelly v. KellySupreme Court of Missouri · 1932
- Laumeier v. LaumeierSupreme Court of Missouri · 1925
- La Rue v. KempfMissouri Court of Appeals · 1914
- Winner v. ChucartMissouri Court of Appeals · 1919
- Lukowski v. LukowskiMissouri Court of Appeals · 1904
6 more not listed; retrieve them via the Exa API.