Bethel v. Bethel
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Ron. Jmnes D. Barnett, Judge. (1) Divorce is a ] egal right, the granting or withholding of which is in no way dependent on the discretion of the trial court. Morris v. Morris, 60 Mo. App. 86; Parnell v. Parnell, 2 Phill. 158-; Crump v. Morgan, 38- N. C. 91; Deschodt v. Deschodt, 59 Mo. App. 102; Baney v. Baney, 128- Mo.
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Appeal from Audrain Circuit Court. — Ron. Jmnes D. Barnett, Judge. (1) Divorce is a ] egal right, the granting or withholding of which is in no way dependent on the discretion of the trial court. Morris v. Morris, 60 Mo. App. 86; Parnell v. Parnell, 2 Phill. 158-; Crump v. Morgan, 38- N. C. 91; Deschodt v. Deschodt, 59 Mo. App. 102; Baney v. Baney, 128- Mo. App. 167. (2) When defendant charged his wife with infidelity and adultery he was guilty of extreme , cruelty and of offering such indignities to plaintiff as rendered her condition intolerable as a matter of law, and under the evidence in…
1Opinion of the CourtNortoni, J.
This suit proceeds at the instance of the wife, plaintiff, for divorce. Besides entering *605a general denial to the averments of the petition, the defendant husband filed a cross-bill and prayed that the divorce be granted to him. After hearing the evidence and arguments, the court found the issue for defendant, dismissed plaintiff’s petition and dismissed, as well, defendant’s cross-bill. From this judgment dismissing her petition, plaintiff alone appeals.
It appears the parties were married in 1883 and had lived together as husband and wife for about twenty-eight years. Seven children were born…
2Cases cited4 opinions
- Powell v. PowellSupreme Court of Kansas · 1877
- Miller v. MillerMissouri Court of Appeals · 1883
- Wertz v. WertzSupreme Court of Iowa · 1876
- Sapp v. SappTexas Supreme Court · 1888
3Cited by10 opinions
- Willis v. WillisMissouri Court of Appeals · 1954
- Forbis Ex Rel. Davis v. ForbisMissouri Court of Appeals · 1955
- Dunn v. DunnMissouri Court of Appeals · 1948
- Schuler v. SchulerMissouri Court of Appeals · 1956
- Niedergerke v. NiedergerkeMissouri Court of Appeals · 1954
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