Legal Opinion

Prichard v. Prichard

Missouri Court of Appeals

Decided May 24, 1915PublishedCited by 3 opinions

Appeal from Mercer Circuit Court. — lion. Geo. W. WcmamaJcer, Judge. (1) The judgment for maintenance is not a final judgment but is one subject to be vacated as circumstances require. Sec. 8295, R. S. 1909; Creasey v, Creasey, 168 Mo. App. 98. (2) Tbe Oklahoma divorce is valid and binding on the parties to this suit, defendant residing in that State and plaintiff appearing and defending suit.

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Appeal from Mercer Circuit Court. — lion. Geo. W. WcmamaJcer, Judge. (1) The judgment for maintenance is not a final judgment but is one subject to be vacated as circumstances require. Sec. 8295, R. S. 1909; Creasey v, Creasey, 168 Mo. App. 98. (2) Tbe Oklahoma divorce is valid and binding on the parties to this suit, defendant residing in that State and plaintiff appearing and defending suit. Cheener v. Wilson, 9 Wal. 108, 19 L. Ed. 604, this case approved in Haddock v. Haddock, 26 Ct. Rep. 525, 527. (3) The granting of the divorce to the defendant entitled him to be relieved from the…

1Opinion of the CourtEllison, P. J.

Plaintiff .and defendant were husband and wife both residing in this State. They had two children one, a daughter, over age, who has no interest involved in this action. The other, a minor son. They had become estranged and were not living together as man and wife; he had abandoned her and lived in adultery, when in 1909 she brought an action against him for maintenance, on account of abandonment, under the provisions of section 8295, Revised Statutes 1909. She obtained judgment against him in September, 1909, the son being then fifteen years old.

^Defendant left Missouri and took up a…

2Cases cited3 opinions

  1. Skittletharpe v. Skittletharpe.Supreme Court of North Carolina · 1902
  2. Bidwell v. Bidwell.Supreme Court of North Carolina · 1905
  3. Creasey v. CreasyMissouri Court of Appeals · 1912

3Cited by3 opinions

  1. Nichols v. NicholsMissouri Court of Appeals · 1976
  2. Hearn v. HearnMissouri Court of Appeals · 1968
  3. Simonton v. SimontonIdaho Supreme Court · 1925

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