Marre v. Marre
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Charles Claflin Allen, Judge. (1) On Ms own testimony tlie plaintiff was not entitled to a decree, (a) He testified that lie knew before tbe marriage tbat tbe defendant was a negress, and bence be knowingly committed a criminal offense. Tbe purpose of Ms bill is to obtain relief from bis own illegal act.
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Appeal from St. Louis City Circuit Court. — Hon. Charles Claflin Allen, Judge. (1) On Ms own testimony tlie plaintiff was not entitled to a decree, (a) He testified that lie knew before tbe marriage tbat tbe defendant was a negress, and bence be knowingly committed a criminal offense. Tbe purpose of Ms bill is to obtain relief from bis own illegal act. Equity will not relieve a wrongdoer from tbe consequence of bis own wrong, but will leave sucb an one just where it finds bim. 16 Cyc., p. 145; 2 Pomeroy, Eq. Jur. (3 Ed.), sec. 940; Sample v. Barnes, 14 How, 74; Tyler v. Larimore, 19 Mo. App.…
1Opinion of the CourtReynolds, P. J.
Plaintiff below, respondent here, instituted his action on March 15,1911, in the circuit court of the city of St. Louis, praying the annuliment of a marriage contracted with defendant, as plaintiff alleged, on November 2, 1908. The grounds upon which he based his right to relief were, first, that the marriage was the result of duress, and, second, that defendant is a negro, while he is a white person.
Defendant answered by a general denial and the plea of a marriage in Illinois on July 3, 1908. This latter averment was met by a general denial in the reply.
The trial before the court resulted in…
2Cases cited9 opinions
- Fuller v. FullerSupreme Court of Kansas · 1885
- Buchanan v. SahleinMissouri Court of Appeals · 1881
- Linton v. StateSupreme Court of Alabama · 1889
- Gentry v. McMinnisCourt of Appeals of Kentucky · 1835
- Davis v. FoxSupreme Court of Missouri · 1875
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3Cited by3 opinions
- Heflinger v. HeflingerSupreme Court of Virginia · 1923
- In Re Marriage of SumnersMissouri Court of Appeals · 1983
- Taylor Ex Rel. Lee v. TaylorMissouri Court of Appeals · 1962