Kaster v. Kaster
Missouri Court of Appeals
Appeal from the Lewis County Circuit Court— Hon. Ben. E. Turner, Judge. (1) The separation was by consent. We submit that there is a most decided weight of testimony to this effect, and, therefore, the plaintiff was not entitled to recover. R. S. 1889, sec. 4507; Simpson r.
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Appeal from the Lewis County Circuit Court— Hon. Ben. E. Turner, Judge. (1) The separation was by consent. We submit that there is a most decided weight of testimony to this effect, and, therefore, the plaintiff was not entitled to recover. R. S. 1889, sec. 4507; Simpson r. Simpson, 31 Mo. 24; Cillinwaters v. Cillinwaters, 28 Mo. 60. (2) Conceding that plaintiff’s conduct toward defendant was not such as to entitle her to a divorce, and that she may have acted improperly in leaving. him when she did, yet the record beyond question discloses that he was, to say the least, so far instrumental…
1Opinion of the CourtRombauer, P. J.
This is a suit for divorce on the ground, that the defendant wife absented herself from the plaintiff without reasonable cause for the period of one year. The answer is lengthy ; it purports to set up cause for desertion, and concludes with the statemént, that the defendant ’ s absence was with the plaintiff ’ s full concurrence and consent. The answer states neither an offer nor an intention to return. The trial court rendered a decree for the plaintiff.
*117We have examined the evidence very carefully, in order to determine whether the decree is supported by the weight of evidence. We find that…
2Cases cited5 opinions
- Hoffman v. HoffmanSupreme Court of Missouri · 1869
- Dwyer v. DwyerMissouri Court of Appeals · 1885
- Gillinwaters v. GillinwatersSupreme Court of Missouri · 1859
- Messenger v. MessengerSupreme Court of Missouri · 1874
- Simpson v. SimpsonSupreme Court of Missouri · 1860
3Cited by5 opinions
- Coulter v. CoulterMissouri Court of Appeals · 1913
- Droege v. DroegeMissouri Court of Appeals · 1892
- Schuman v. SchumanMissouri Court of Appeals · 1902
- Deschodt v. DeschodtMissouri Court of Appeals · 1894
- McKay v. McKayMissouri Court of Appeals · 1915