Motley v. Motley
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. Dwvid H. Eby, J udge. (1) All of the indignities alleged in plaintiff’s petition, in the ease at bar, except the charge of poisoning, were trivial, ancient, and had been condoned, if indeed they ever constituted offenses which would justify a severance of the marital ties.
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Appeal from Pike Circuit Court. — Hon. Dwvid H. Eby, J udge. (1) All of the indignities alleged in plaintiff’s petition, in the ease at bar, except the charge of poisoning, were trivial, ancient, and had been condoned, if indeed they ever constituted offenses which would justify a severance of the marital ties. As to the charge that defendant attempted to take plaintiff’s life by administering strychnine poison, she certainly is entitled to the same presumption of innocence which would prevail in the event she were arrested and required to be defendant against such a charge in the criminal…
1Opinion of the CourtBland, P. J.
Omitting caption and immaterial allegations, the petition alleges in substance that plaintiff and defendant were married in the month of November, 1876, and continued to live together until the-day of May, 1901, when the plaintiff separated himself from the defendant. The petition alleges sundry indignities offered by defendant to plaintiff beginning in the year 1889 and continuing down to the date- of the separation, some of which indignities are so vile and vulgar in character that we decline to state them in detail, as we deem it unnecessary from the view we take of the evidence in the…
2Cases cited1 opinion
- Simmons v. DentMissouri Court of Appeals · 1884
3Cited by8 opinions
- Simms v. SimmsSupreme Court of Missouri · 1953
- Hilleary v. HillearyMissouri Court of Appeals · 1915
- Smith v. State Mutual Life Assurance Co.Supreme Court of Pennsylvania · 1936
- Nicholson v. NicholsonMissouri Court of Appeals · 1924
- Ashburn v. AshburnMissouri Court of Appeals · 1903
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