Legal Opinion

Torlotting v. Torlotting

Missouri Court of Appeals

Decided December 9, 1902PublishedCited by 3 opinions

Appeal from St. Louis City Circuit Court.— Hon. Warwick Hough, Judge. (1) Volenti non fit injuria. Respondent was alone to blame. Bnt for Ms unauthorized entry into the house without knocking he would not haye been shot at. Doyle v. Doyle, 26 Mo. App. 545. (2) Respondent was a trespasser and must take the consequences. Denver v. Harris, 122 U. S. 597; Westcott v. Arbuckle, 12 Ill. App. 577; Sampson v. Henry, 11 Pick.

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Appeal from St. Louis City Circuit Court.— Hon. Warwick Hough, Judge. (1) Volenti non fit injuria. Respondent was alone to blame. Bnt for Ms unauthorized entry into the house without knocking he would not haye been shot at. Doyle v. Doyle, 26 Mo. App. 545. (2) Respondent was a trespasser and must take the consequences. Denver v. Harris, 122 U. S. 597; Westcott v. Arbuckle, 12 Ill. App. 577; Sampson v. Henry, 11 Pick. (Mass.) 379. The house was appellant’s castle and she had the right to resist his entry if she was alarmed or afraid of injury to the house or assault on her person. 1 Bishop New…

1Opinion of the CourtBland, P. J.

— Plaintiff, on February 26, 1902, filed a petition in the circuit court for a divorce in which *185she alleged thirteen good and substantial grounds therefor. On May 5, 1902, defendant filed his answer and' cross-bill. In his cross-bill defendant alleged a dozen or more good grounds for a divorce from plaintiff.

The evidence on the trial was all directed to the proof of but one of the causes for a divorce in the cross-bill, to-wit, “that on August 14, 1899, plaintiff without cause or excuse fired four shots at defendant while he was running away from her in an attempt to escape danger, and that…

2Cases cited1 opinion

  1. Torlotting v. TorlottingMissouri Court of Appeals · 1899

3Cited by3 opinions

  1. Banks v. BanksCourt of Appeals of Tennessee · 1934
  2. Slaughter v. SlaughterSupreme Court of Georgia · 1940
  3. Dowhan v. DowhanMichigan Supreme Court · 1942

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