Gentry v. Gentry
Missouri Court of Appeals
Appeal from the DeKalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) ( The agreement ' set forth in appellant’s abstract of record is absolutely void, and should have been ignored by the trial court. Blank v. Nohl, 112 Mo. 159. (2) The court erred in sustaining the demurrer. Bliss on Code Pleading [3 Ed. ], see. 425 A; Bads v. Gains, 58 Mo. App. loc. cit. 594; Water Co. v. Aurora, 129 Mo. loc. cit. 584; 1 Bishop on Mar.
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Appeal from the DeKalb Circuit Court. — Hon. W. S. Herndon, Judge. (1) ( The agreement ' set forth in appellant’s abstract of record is absolutely void, and should have been ignored by the trial court. Blank v. Nohl, 112 Mo. 159. (2) The court erred in sustaining the demurrer. Bliss on Code Pleading [3 Ed. ], see. 425 A; Bads v. Gains, 58 Mo. App. loc. cit. 594; Water Co. v. Aurora, 129 Mo. loc. cit. 584; 1 Bishop on Mar. Div. & Sep., sec. 1711, 1712; Silcox db Martin v. McKinney, No. 5, 2 Mo. App. Eep. 990; Davis v. Line, 126 Mo. 78; MacAdam v. Scudder, 30 S. W. Eep. No. 1 (Mo.), 168;…
1Opinion of the CourtGill, J.
This is a suit for divorce. Shortly after it was begun the plaintiff filed her application for alimony pendente lite, and about the same time defendant filed a demurrer to the petition. The application for alimony and the demurrer were submitted to the court on the same day. In seeking to defeat the claim for alimony, defendant produced in open court an agreement in writing, executed by both parties only a short time before the action was begun, in which it was stipulated “that they mutually agree to make application for a legal separation, and in consideration of the above agreement, that…
2Cases cited2 opinions
- Blank v. NohlSupreme Court of Missouri · 1892
- Gilmer v. GilmerMissouri Court of Appeals · 1889
3Cited by3 opinions
- Sheehan v. SheehanNew Jersey Court of Chancery · 1910
- McDonald v. McDonaldMissouri Court of Appeals · 1913
- Branson v. BransonNebraska Supreme Court · 1906