Legal Opinion · Dissent

Dwyer v. Dwyer

Missouri Court of Appeals

Decided June 2, 1887Published

APPEAL from the St. Louis Circuit Court, DANIEL DILLON, Judge. The defendant being guilty of conduct such as to constitute him a vagrant within the meaning of the law concerning vagrants, by his utter neglect to contribute ~to the support of his wife, though possessed. of ample means to do so, is a valid ground for divorce. Rev. Stat., sects. 1568, ~174; T~JT7i~aley v. Whaley, 50 Mo. 581; The State ~. Green, 87 Mo. 587; .7k/c Vey v. Mc Vey, 51 Mo. 420.

1Dissent

Lewis, P. J.,

delivered a dissenting opinion.

I am of opinion that, when two statutory definitions *657of thesame thing are found in different sections of a statute they should be read together, as if contained in a single paragraph or section. I can recognize no authority, in any court, to adopt the one and reject the other. If there is an incongruity, this must be reconciled, if possible, so as to give effect to the manifest intention of the legislature. Section 1568, of the Revised Statutes, declares that “ every able-bodied married man, who shall neglect Or refuse to provide for the support of…

2Cases cited1 opinion

  1. Bowers v. BowersSupreme Court of Missouri · 1854

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