Nagel v. Nagel
Supreme Court of Missouri
APPEAL FROM CLINTON CIRCUIT COURT. The acts charged by respondent and found by the court as committed by complainant shew that complainant is not an innocent and injured party. By the cruel and inhuman treatment of the wife the husband became guilty of that which entitled the wife to a divorce, and having thus lost all right to hold her bound by her marriage vows could not be injured by her adultery.
Read the full summary
APPEAL FROM CLINTON CIRCUIT COURT. The acts charged by respondent and found by the court as committed by complainant shew that complainant is not an innocent and injured party. By the cruel and inhuman treatment of the wife the husband became guilty of that which entitled the wife to a divorce, and having thus lost all right to hold her bound by her marriage vows could not be injured by her adultery. He having violated the contract has no-right to complain of its breach. 9 Mo. R. 539; 14 Wend. 644 ; 3 Eng. Ec. R. 303, 338; 7' do. 380. 1st. The fact of the husband’s cruelty to the wife is not…
1Opinion of the Court
McBride judge
delivered the opinion of the court.
Martin M. Nagel brought his petition for a divorce in the Clinton -circuit court, against his wife Parthena Nagel, in which he charges her with adultery and cruel treatment.
The defendant filed her answer denying the charges made against her in the petition, and makes her answer a cross-bill against the plaintiff, -charging him with cruelty and inhuman conduet toward her, and prays for a divorce from her husband.
The cause was heard by the court on the bill, answer and proofs, and the court decreed against the wife. She then moved for a new trial,…
2Cited by24 opinions
- Conant v. ConantCalifornia Supreme Court · 1858
- Hoffman v. HoffmanSupreme Court of Missouri · 1869
- Chavez v. ChavezNew Mexico Supreme Court · 1935
- Lyall v. LyallSupreme Court of Alabama · 1948
- Decker v. DeckerIllinois Supreme Court · 1901
19 more not listed; retrieve them via the Exa API.