Legal Opinion

Gallemore v. Gallemore

Missouri Court of Appeals

Decided November 28, 1905PublishedCited by 8 opinions

Appeal from Franklin Circuit Court. — Hon. William A. Davidson, Judge. (1) The cross-bill sets up but one ground of divorce, the ground of vagrancy of plaintiff, and the charge is pleaded in such general terms as to amount to no statement of a cause of action. Bowers v. Bowers, 19 Mo. 351; Dwyer v. Dwyer, 26 M'o. App. 647. (2) The Legislature when it created by statute indignities as a ground of divorce, did not define what acts constituted such a ground.

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Appeal from Franklin Circuit Court. — Hon. William A. Davidson, Judge. (1) The cross-bill sets up but one ground of divorce, the ground of vagrancy of plaintiff, and the charge is pleaded in such general terms as to amount to no statement of a cause of action. Bowers v. Bowers, 19 Mo. 351; Dwyer v. Dwyer, 26 M'o. App. 647. (2) The Legislature when it created by statute indignities as a ground of divorce, did not define what acts constituted such a ground. It left the subject at large. Courts have neither defined nor adopted any cast-iron rule as to what acts constitute indignities such as…

1Opinion of the CourtNortoni, J.

(after stating the facts). — Our present statute authorizing divorce and enumerating the canses therefor, among other things, provides that the wife may be divorced “when the husband shall be guilty of such conduct as to constitute him a vagrant within the meaning of the law respecting vagrants. [Sec. 2921, R. S. 1899.] The present phraseology of the statute as above quoted, first appeared in the revision of 1865, chapter 14, section 1, page 460. The idea, however, rendering the vagrancy of the husband a cause for divorce in this State did not originate in the statutes of 1865. It first…

2Cases cited3 opinions

  1. Dwyer v. DwyerMissouri Court of Appeals · 1887
  2. In re ThompsonSupreme Court of Missouri · 1893
  3. Freeman v. FreemanMissouri Court of Appeals · 1902

3Cited by8 opinions

  1. Gruner v. GrunerMissouri Court of Appeals · 1914
  2. Hess v. HessMissouri Court of Appeals · 1938
  3. England v. EnglandMissouri Court of Appeals · 1931
  4. Bectenwald v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
  5. McBrayer v. StateSupreme Court of Florida · 1933

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