Torlotting v. Torlotting
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Franhlin Ferris, Judge. (1) Appellant did not commit adultery. (2) Adultery is a voluntary act of sexual intercourse by a man and a married woman. 1 Am. and Eng.
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Appeal from the St. Louis City Circuit Court. — Hon. Franhlin Ferris, Judge. (1) Appellant did not commit adultery. (2) Adultery is a voluntary act of sexual intercourse by a man and a married woman. 1 Am. and Eng. Ency. of Law, 209. If appellant had intercourse with Morgan (which is not admitted), it was while she was under the influence'of drugs, administered by him, and therefore, the act was not voluntary on her part, and she can not be held responsible for what occurred. (3) Respondent connived at and procured the intercourse and paid for it. This defeats the assertion of the act as a…
1Opinion of the CourtBland, J.
The suit is for divorce and the custody of two minor children. The ground for divorce, alleged in the petition and relied on at the trial, is that on Friday, October 7, 1898, the defendant met a man at a rooming house on Olive street (in the city of St. Louis, Missouri), and committed adultery with him. The answer is a general denial. At the date of the trial the plaintiff, was 58 and the defendant 44 years of age; they had been married for'28 years; had six children, and some grandchildren. A decree of divorce was awarded the plaintiff. Defendant appealed.
The evidence is before us in the…
2Cases cited16 opinions
- Dennis v. DennisSupreme Court of Connecticut · 1896
- Wilson v. WilsonMassachusetts Supreme Judicial Court · 1891
- Nagel v. NagelSupreme Court of Missouri · 1848
- Cobb v. DaySupreme Court of Missouri · 1891
- McElroy v. MaxwellSupreme Court of Missouri · 1890
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3Cited by9 opinions
- Barth v. BarthMissouri Court of Appeals · 1912
- Libbe v. LibbeMissouri Court of Appeals · 1911
- Smith v. SmithCourt of Appeals of Texas · 1919
- Esworthy v. EsworthyMissouri Court of Appeals · 1928
- Million v. MillionMissouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.