Hinrichs v. Hinrichs
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.—Eon. James Withrow, Judge. (1) Plaintiff’s petition fails to state a cause of action. The allegation of residence is not sufficient to give the court jurisdiction. Daniel Collins v. Etta Collins, 58 Mo. App. 470; R. S. 1-889, sec. 4503. (2) The rule of law is that when the appellate court becomes possessed of a cause by appeal, the jurisdiction depends on the jurisdiction of the trial court.
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Appeal from the St. Louis City Circuit Court.—Eon. James Withrow, Judge. (1) Plaintiff’s petition fails to state a cause of action. The allegation of residence is not sufficient to give the court jurisdiction. Daniel Collins v. Etta Collins, 58 Mo. App. 470; R. S. 1-889, sec. 4503. (2) The rule of law is that when the appellate court becomes possessed of a cause by appeal, the jurisdiction depends on the jurisdiction of the trial court. Batchelor v. Bess, 22 Mo. 402; Webb v. Tweedie, 30 Mo. 490; Stone v. Corbett, 20 Mo. 354; Planing Mill Co. v. Short, 58 Mo. App. 320. The question of…
1Opinion of the CourtEland, P. J.
The suit is for divorce. The grounds alleged in the petition for divorce are indignities. The answer admitted the marriage and separation, but denied all other allegations. Defendant supplemented her answer by a cross bill, in which she alleged indignities as the ground on which she prayed for a divorce. A reply was filed putting in issue the allegations of the cross bill. The court heard the evidence and rendered its judgment finding the plaintiff the innocent and injured party and awarded him a divorce. Timely motions for new trial and in arrest of judgment were filed. These were overruled…
2Cited by3 opinions
- Coulter v. CoulterMissouri Court of Appeals · 1907
- Sharpe v. SharpeMissouri Court of Appeals · 1908
- Clark v. ClarkMissouri Court of Appeals · 1915