Robertson v. Robertson
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Eon D. E. Blair, Judge. In divorce cases “the petition shall be accompanied by an affidavit.” R. S. 1909, sec. 2371. Without which the court acquires no jurisdiction, and the said affidavit must be signed by the plaintiff. Loveless v. Hinkle, 204 Mo. 208. An unsigned affidavit is void. Hargadine v. Van Horn, 72 Mo. 370; Norman v. Horn, 36 Mo. App. 424; Third National Bank v. Garton, 40 Mo.
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Appeal from Jasper Circuit Court. — Eon D. E. Blair, Judge. In divorce cases “the petition shall be accompanied by an affidavit.” R. S. 1909, sec. 2371. Without which the court acquires no jurisdiction, and the said affidavit must be signed by the plaintiff. Loveless v. Hinkle, 204 Mo. 208. An unsigned affidavit is void. Hargadine v. Van Horn, 72 Mo. 370; Norman v. Horn, 36 Mo. App. 424; Third National Bank v. Garton, 40 Mo. App. 120. This case, is, in point of law and fact, fully within the case of Dorrance v. Dorrance, 242 Mo. 625. (1) In the absence of a statute or ruling of court…
1Opinion of the CourtGraves, J.
— This is an action brought for the purpose of annulling a certain decree of divorce entered in the circuit court of Jasper County in the case of Esther Robertson v. Orrin Robertson in February, 1911. The present action was instituted January 2, 1913. The petition herein charges lack of jurisdiction in the circuit court of Jasper County in the case of Esther Robertson v. Orrin Robertson. It also charges fraud in the procurement of that judgment. Upon trial the circuit-court dismissed plaintiff’s bill and entered judgtnent against him. From such judgment the plaintiff appealed to the…
2Cases cited3 opinions
- Hargadine v. Van HornSupreme Court of Missouri · 1880
- Burnett v. McClueySupreme Court of Missouri · 1887
- Eliot v. Kansas City, Ft. Scott & Memphis RailroadSupreme Court of Missouri · 1907
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- McCammon v. McCammonMissouri Court of Appeals · 1984
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