Creasey v. Creasey
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. W. T. Ragland, Judge. (1) The review of a suit for divorce on appeal is governed by tbe rules applicable to equity cases and extend to tbe law and tbe facts. Scbuman v. Scliuman, 93 Mo.
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Appeal from Pike Circuit Court. — Hon. W. T. Ragland, Judge. (1) The review of a suit for divorce on appeal is governed by tbe rules applicable to equity cases and extend to tbe law and tbe facts. Scbuman v. Scliuman, 93 Mo. App. 99. (2) Tbe decree in favor of defendant granting a divorce to ber ought not and cannot stand because ber refusal when requested to live with appellant constitutes consent on her part for appellant to live apart from her, and she cannot be heard to say he deserted her. Youngs v. Youngs, 78 Mo. App. 225; Droege v. Droege, 52 Mo. App. 84. (3) When a wife remains away…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — We approve of the action of the trial court in denying plaintiff a divorce. It is conceded .that the plaintiff *89left Ms wife voluntarily, and the trial court has found that neither party had been guilty of misconduct sufficient to constitute a cause for divorce, a finding which we approve. It was incumbent upon him, then, if he would justly charge her with statutory desertion, to seek a reconciliation and offer to return. Such an offer must have been made in good faith, that is, with the bona fide intention to bring about a reconciliation and not merely as a device…
2Cases cited6 opinions
- Dwyer v. DwyerMissouri Court of Appeals · 1885
- Messenger v. MessengerSupreme Court of Missouri · 1874
- Davis v. DavisMissouri Court of Appeals · 1895
- Droege v. DroegeMissouri Court of Appeals · 1893
- Jenkins v. JenkinsIllinois Supreme Court · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Price v. PriceMissouri Court of Appeals · 1955
- Creasey v. CreaseyMissouri Court of Appeals · 1913
- Campbell v. CampbellMissouri Court of Appeals · 1955
- Tatum v. TatumSupreme Court of Oklahoma · 1982
- Ridgley v. RidgleyMissouri Court of Appeals · 1963
4 more not listed; retrieve them via the Exa API.