Robinson v. Robinson
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Eon. Henry G. Riley, Judge. (1) Tlie circuit court had no jurisdiction because the petition of the plaintiff fails to state that she was a resident of the State of Missouri, and had resided in this State one whole year next before the filing of her petition, or that the offense or injury complained of was committed within this State, or whilst one or both of the parties resided within this State.
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Appeal from New Madrid Circuit Court. — Eon. Henry G. Riley, Judge. (1) Tlie circuit court had no jurisdiction because the petition of the plaintiff fails to state that she was a resident of the State of Missouri, and had resided in this State one whole year next before the filing of her petition, or that the offense or injury complained of was committed within this State, or whilst one or both of the parties resided within this State. R. S. 1899, sec. 2924; Coulter v. Coulter, 124 Mo. App. 149; Standbury v. Standbury, 118 Mo. App. 427. (2) The question of the jurisdiction of the circuit…
1Opinion of the CourtReynolds, P. J.
We are compelled to reverse the decree in this case, which is a suit for divorce. The petition is fatally defective in that it fails to aver that plaintiff is a resident of the State of Missouri and had resided in this state one whole year next before the filing of her petition, nor does it aver that the offense or injury complained of was committed within this state, or while one or both of the parties resided in this state. Divorce in our state is entirely a statutory proceeding and under section 2924, Revised Statutes 1899, these omitted averments are jurisdictional; without them the court…
2Cases cited3 opinions
- Stansbury v. StansburyMissouri Court of Appeals · 1906
- Coulter v. CoulterMissouri Court of Appeals · 1907
- Smith v. SmithMissouri Court of Appeals · 1892
3Cited by3 opinions
- Arndt v. ArndtMissouri Court of Appeals · 1914
- Gooding v. GoodingMissouri Court of Appeals · 1946
- Amerland v. AmerlandMissouri Court of Appeals · 1915