Lusk v. Lusk
Supreme Court of Missouri
Appeal from Laclede Circuit Court. This was a suit for divorce by Amanda J. Lusk against Alfred T. Lusk. It appeared in evidence that the parties were married in the year 1847; that in the year 1850 the defendant left for California intending to return in a year and a half or two years; that he left behind his wife and two children ; that he remained away until the year 1857 ; that in the year 1855, his wife, supposing him to be dead, having received a letter in the year…
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Appeal from Laclede Circuit Court. This was a suit for divorce by Amanda J. Lusk against Alfred T. Lusk. It appeared in evidence that the parties were married in the year 1847; that in the year 1850 the defendant left for California intending to return in a year and a half or two years; that he left behind his wife and two children ; that he remained away until the year 1857 ; that in the year 1855, his wife, supposing him to be dead, having received a letter in the year 1854 from California stating the fact of his death, married one G-eorge M. Winton ; that upon the return of the defendant,…
1Opinion of the CourtRichardson, Judge
The judgment of divorce rendered on the defendant’s cross-bill expressly removed the restriction on the right of the plaintiff to marry again, and as she has really secured *93all tliat she asked, it is no longer a practical question whether she was entitled to a judgment in her favor, and it is therefore unnecessary for us to consider it. We think, however, that the judgment should be modified so as to give her the care and custody of the children.
As a general proposition, the father is the guardian of his children, and entitled against all the world to their custody during their minority. Biit…
2Cited by10 opinions
- In Matter of BadgerSupreme Court of Missouri · 1920
- Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- Jones v. BowmanWyoming Supreme Court · 1904
- Abel v. IngramMissouri Court of Appeals · 1930
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