Legal Opinion

Barton v. Barton

Missouri Court of Appeals

Decided May 22, 1906PublishedCited by 20 opinions

Appeal from Louisiana Court of Common Pleas. — Hon„ Dcivicl H. Elay, Judge. The trial court was right in giving plaintiff’s instruction No. 9. In Nichols v. Nichols, 147 Mo. 387, this identical instruction was upheld in a case on all fours with the ODe at bar.

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Appeal from Louisiana Court of Common Pleas. — Hon„ Dcivicl H. Elay, Judge. The trial court was right in giving plaintiff’s instruction No. 9. In Nichols v. Nichols, 147 Mo. 387, this identical instruction was upheld in a case on all fours with the ODe at bar. The court committed no error in refusing defendants’ instruction No. 3, because, if for no other reason, twelve lengthy instructions on the part of defendants were given covering every phase of the case from defendants’ viewpoint. That the law is well settled in this State on all the issues involved in this case is conclusively shown by…

1Opinion of the CourtGoode, J.

(after stating the facts). — Plaintiff’s theory is that her mother-in-law and sister-in-law desired her to go to Arkansas in order to accomplish a separation between herself and husband. It may be said that there is little, if any, evidence to prove this particular theory is correct. The impression produced is that Mrs. Barton’s business was being injured, her boarders annoyed by plaintiff’s behavior and she herself broken down in health. On one occasion Mrs. Barton and plaintiff had a conference about Earl’s drinking habit and the mother suggested that it would be a good plan to get him in…

Also in this document: Concurrence.

2Cases cited15 opinions

  1. Tucker v. TuckerMississippi Supreme Court · 1896
  2. Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
  3. Rice v. RiceMichigan Supreme Court · 1895
  4. Nichols v. NicholsSupreme Court of Missouri · 1898
  5. Bennett v. SmithNew York Supreme Court · 1856

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3Cited by20 opinions

  1. Luick v. ArendsNorth Dakota Supreme Court · 1911
  2. Heisler v. HeislerSupreme Court of Iowa · 1911
  3. Schafer v. OstmannMissouri Court of Appeals · 1910
  4. Leavell v. LeavellMissouri Court of Appeals · 1907
  5. Miller v. MillerSupreme Court of Iowa · 1912

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