Cole v. Cole
Missouri Court of Appeals
Appeal from Wright Circuit Court. — Hon. Argus Qox, Judge STATEMENT OE THE CASE. Mamie Cole was granted a divorce from Sidney Cole during the November, 1898, term of the circuit court of Texas county. The suit was brought by common process and heard on the plaintiff’s petition and the defendant’s answer and cross-bill. The decree awarded the custody of Ethel May Cole, minor daughter of the parties, to her mother.
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Appeal from Wright Circuit Court. — Hon. Argus Qox, Judge STATEMENT OE THE CASE. Mamie Cole was granted a divorce from Sidney Cole during the November, 1898, term of the circuit court of Texas county. The suit was brought by common process and heard on the plaintiff’s petition and the defendant’s answer and cross-bill. The decree awarded the custody of Ethel May Cole, minor daughter of the parties, to her mother. These facts we gather from the pleadings in the present proceeding. The decree itself is not contained in the record and we are left ignorant whether the child was given permanently…
1Opinion of the CourtGoode, J.
If this proceeding is treated as a petition for a review of the original judgment of decree of divorce in respect to the custody of the minor child, it will not lie. Section 2932, Eevised Statutes 1899, is a restriction of the right to have a judgment reviewed given by section 777 et seq., by making it inapplicable to judgments for divorce. That section was enacted on account of the decision in Smith v Smith, 20 Mo. Í66. The chancery act in the statutes of 1845 conferred on the circuit court jurisdiction as a court of chancery in cases of divorce, alimony or maintenance and provided that like…
2Cases cited21 opinions
- In re MorganSupreme Court of Missouri · 1893
- Stearns v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1887
- Dubois v. JohnsonIndiana Supreme Court · 1884
- Sutton v. ColeSupreme Court of Missouri · 1900
- Merriam v. Pine City Lumber Co.Supreme Court of Minnesota · 1877
16 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hayes v. HayesSupreme Court of Missouri · 1952
- Kelly v. KellySupreme Court of Missouri · 1932
- Robinson v. RobinsonSupreme Court of Missouri · 1916
- State Ex Rel. R. L. W. v. BillingsSupreme Court of Missouri · 1970
- State ex rel. Tatum v. RameyMissouri Court of Appeals · 1909
17 more not listed; retrieve them via the Exa API.