Kindorf v. Kindorf
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. (1) The petition in this case is based on Sec. 8295, R. S. 1909. In order to recover, the plaintiff’s evidence must bring her within the purview of this section, i. e., abandonment by defendant and refusal or neglect to maintain' and provide for her. Sec. 8295, R. S. 1909; Droege v. Droege, 52 Mo. App. 84; Sharpe v. Sharpe, 134 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — Eon. William M. Kinsey, Judge. (1) The petition in this case is based on Sec. 8295, R. S. 1909. In order to recover, the plaintiff’s evidence must bring her within the purview of this section, i. e., abandonment by defendant and refusal or neglect to maintain' and provide for her. Sec. 8295, R. S. 1909; Droege v. Droege, 52 Mo. App. 84; Sharpe v. Sharpe, 134 Mo. App. 278. (2) In order to justify an abandonment of the husband by the wife, his conduct towards her must have been such as would constitute the foundation of an action on her part for a…
1Opinion of the CourtAllen, J.
Plaintiff is the wife of defendant, and this action is one for her separate maintenance under *638the statute. The trial court found the issues for plaintiff, and adjudged that the defendant pay her $25 per month, for the support of plaintiff and a minor child; from which judgment the defendant prosecutes this appeal.
The petition averred that, on May 14, 1911, in the city of St. Louis, defendant without cause abandoned plaintiff, and thereafter refused and neglected to maintain and provide for her and two minor children born of the marriage. The answer was a general denial.
Plaintiff and defendant…
Also in this document: Concurrence.
2Cases cited4 opinions
- McGrady v. McGradyMissouri Court of Appeals · 1892
- Polster v. PolsterMissouri Court of Appeals · 1909
- Youngs v. YoungsMissouri Court of Appeals · 1899
- Kurz v. KurzMissouri Court of Appeals · 1906
3Cited by3 opinions
- Forbis Ex Rel. Davis v. ForbisMissouri Court of Appeals · 1955
- Loague v. LoagueMissouri Court of Appeals · 1966
- Perkins v. PerkinsMissouri Court of Appeals · 1942