Rose v. Rose
Decision Date | 18 February 1908 |
Citation | 107 S.W. 1089,129 Mo.App. 175 |
Parties | ROSE, Appellant, v. ROSE, Respondent |
Court | Missouri Court of Appeals |
Appeal from Wayne Circuit Court.--Hon. Joseph J. Williams, Judge.
REVERSED AND REMANDED (with directions).
Orrin L. Munger for appellant.
--The action is for divorce. The grounds alleged are indignities such as to make life intolerable, indefinitely stated as consisting in false charges of infidelity, unfounded jealousy, ill-temper, quarreling, threatening to fight and fighting, use of opprobrious epithets to plaintiff and about plaintiff's mother, want of affection, etc. Defendant was personally served with process but made default. The evidence shows that the parties were married on March 10, 1902, and lived together at De Soto, Missouri, until June 12, 1905 boarding or keeping house according to defendant's whim. Plaintiff is a railroad brakeman and during the period of cohabitation with defendant was employed by the Iron Mountain Railroad Company and earned about $ 75 per month. His mother lives in the State of Ohio and he in part contributes to her support. Plaintiff's evidence is that after he and defendant had been married about three months, she began to falsely accuse him of infidelity became jealous, was dissatisfied and quarrelsome and most always met him at the door when he came in from his runs on the railroad in an ill-temper, would abuse him and make false accusations against him in regard to his relations with other women; that he tried to pacify her and convince her that she was wrong but could not do so. Plaintiff testified that they would board when she wanted to board and keep house when she wanted to keep house, but that she was never satisfied with either and made frequent demands for a change from one to another and to please her he would make the change; that on several occasions she threatened to kill him, struck and kicked him; that she objected to him sending money to his mother and told him she could use all the money he made and that she married him for nothing more than to get a living out of him. The following appears in plaintiff's testimony:
Plaintiff testified that he then left defendant and understood she had gone to St. Louis and was at work in some department store. The evidence shows plaintiff to be a peaceable, well-behaved, sober, industrious, honest man and that he treated his wife well, paid all her bills and provided for and clothed her as well as his means would admit of.
Mr. C. P. Hughes testified as follows:
The above witness also testified that after the separation he saw defendant in St. Louis and she said to him that
Plaintiff and defendant lived for a time at the house of one Mrs. Evans, who was introduced as a witness for plaintiff; her testimony corroborates that of plaintiff. In respect to the quarrelsome disposition of defendant, she swore that defendant "always seemed to be perfectly dissatisfied and quarrelsome;" that she, her stepson, plaintiff and defendant were engaged one evening in a game of flinch in the dining room, and in respect to what transpired testified as follows:
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