Viertel v. Viertel
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. Thomas B. Robinson, Judge. (1) The trial court erred in not granting plaintiff a divorce on the ground of indignities. Wheeler v. Wheeler, 63 Mo. App. 300; Dawson v. Dawson, 23 Mo. App. 175. (2) The court erred in not granting plaintiff a divorce on the ground of adultery. The evidence amply sustained the charge. R. S. 1899, sec. 2927. (3). Plaintiff’s action can not be defeated even if he is guilty of isolated indignities.
Read the full summary
Appeal from the Cooper Circuit Court. — Hon. Thomas B. Robinson, Judge. (1) The trial court erred in not granting plaintiff a divorce on the ground of indignities. Wheeler v. Wheeler, 63 Mo. App. 300; Dawson v. Dawson, 23 Mo. App. 175. (2) The court erred in not granting plaintiff a divorce on the ground of adultery. The evidence amply sustained the charge. R. S. 1899, sec. 2927. (3). Plaintiff’s action can not be defeated even if he is guilty of isolated indignities. Mahn v. Mahn, 70 Mo. App. 342; Kempf v. Kempf, 34 Mo. 211; Cannon v. Cannon, 17 Mo. App. 390; Griesdieck v. Griesdieck, 56 Mo.…
1Opinion of the CourtSmith, P. J.
This is an action for divorce. The grounds therefor as alleged in the petition were adultery and personal indignities. The defendant met these allegations with a general denial coupled with a cross-petition specifying certain indignities and praying for a divorce from plaintiff. There was a trial of the cause which resulted in a judgment dismissing both the petition and cross-petition, and from which judgment both parties have prosecuted an appeal here.
The salient features of the case disclosed by the evidence are extremely hideous and repulsive. We are compelled to give an attentive, though…
2Cases cited1 opinion
- Morrison v. MorrisonMassachusetts Supreme Judicial Court · 1884
3Cited by2 opinions
- Viertel v. ViertelMissouri Court of Appeals · 1903
- Delfelder v. Norton Bros. Construction Co.Missouri Court of Appeals · 1936