Stansbury v. Stansbury
Missouri Court of Appeals
Appeal from Gentry Circuit Court. — Hon. William C. Ellison, Judge. (1) Plaintiff’s petition does not state facts sufficient to constitute a cause of action against the defendant nor to give to the court jurisdiction as it is nowhere alleged that plaintiff had been a resident of the State of Missouri for more than one year immediately preceding the filing of her petition.
Read the full summary
Appeal from Gentry Circuit Court. — Hon. William C. Ellison, Judge. (1) Plaintiff’s petition does not state facts sufficient to constitute a cause of action against the defendant nor to give to the court jurisdiction as it is nowhere alleged that plaintiff had been a resident of the State of Missouri for more than one year immediately preceding the filing of her petition. Defendant’s motion in arrest, page 132 of the abstract, renews the objection to the jurisdiction of the court. R. S. 1899, sec. 2924; Collins v. Collins, 53 Mo. App. 470; Carter v. Carter, 88 Mo. App. 302; Johnson v.…
1Opinion of the Court
JOHNSON, J. —
Action for divorce. The petition does not allege plaintiff’s residence in the State during the period required by statute, Revised Statutes 1899. section 2924, nor that the offenses of which she complains were committed within this State or whilst one or both of the parties resided within this State. Defendant did not attack the petition by demurrer or plea, but answered to the merits and supplemented his answer with a cross petition. At the hearing, plaintiff testified that she and defendant were married in Stanberry, Gentry *430county, in 1897, and. that both had lived there…
2Cases cited10 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- Werz v. WerzMissouri Court of Appeals · 1881
- Hansford v. HansfordMissouri Court of Appeals · 1889
- Collins v. CollinsMissouri Court of Appeals · 1893
- Johnson v. JohnsonMissouri Court of Appeals · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Jennings v. McDougleWest Virginia Supreme Court · 1919
- Canavan v. CanavanNew Mexico Supreme Court · 1913
- Phelps v. PhelpsMissouri Court of Appeals · 1952
- Lewis v. LewisMissouri Court of Appeals · 1943
- Hawkins v. HawkinsMissouri Court of Appeals · 1970
10 more not listed; retrieve them via the Exa API.