Jennings v. Jennings
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Courts — lion. Horatio D. Wood, Judge. (1) “As this offense (adultery) is one of secrecy, in which both of the parties take precaution to prevent discovery, it is rarely susceptible of proof by direct evidence.
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Appeal from the St. Louis City Circuit Courts — lion. Horatio D. Wood, Judge. (1) “As this offense (adultery) is one of secrecy, in which both of the parties take precaution to prevent discovery, it is rarely susceptible of proof by direct evidence. The evidence is generally circumstantial, and this is all that is required.” 9 Ency. of Law (Divorce), 148; Dunham v. Dunham, 162 111. 589; 35 L. E. A. 10-13. (2) Where the opportunity for the crime and the will to do it are established, guilt will be inferred. Bishop on Mar., Div. and Sep., sec. 1310; Berckmans v. Berckmans, 16 N. J. Eq. 143. •…
1Opinion of the CourtBland, P. J.
— On April 7, 1898, Mary C. Jennings, respondent, obtained in the St. Louis Circuit Court a divorce from her then husband, David E. Jennings, on the grounds,'as alleged in her petition, that the defendant had been negligent of and indifferent to his duties toward plaintiff and their children, had offered her such indignities as to render her life intolerable, and had in a fit of passion, without cause, severely choked and maltreated her. In reference to alimony the court made the following order: “It is further ordered by the court that plaintiff have the custody of Erancis and Carolyn, the…
2Cases cited5 opinions
- Dunham v. DunhamIllinois Supreme Court · 1896
- Moller v. . MollerNew York Court of Appeals · 1889
- Verser v. FordSupreme Court of Arkansas · 1881
- Helden v. HeldenWisconsin Supreme Court · 1859
- Farrar v. FarrarSupreme Court of Iowa · 1888
3Cited by6 opinions
- I v. BMissouri Court of Appeals · 1957
- Wald v. WaldMissouri Court of Appeals · 1912
- Knepper v. KnepperMissouri Court of Appeals · 1909
- Good v. GoodMissouri Court of Appeals · 1965
- White v. WhiteMissouri Court of Appeals · 1913
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