Million v. Million
Decision Date | 04 April 1904 |
Citation | 106 Mo. App. 680,80 S.W. 290 |
Parties | MILLION v. MILLION. |
Court | Missouri Court of Appeals |
80 S.W. 290
106 Mo. App. 680
MILLION v. MILLION.
Kansas City Court of Appeals. Missouri.
April 4, 1904.
DIVORCE—ADULTERY—DRUNKENNESS — MISCONDUCT OF WIFE—FINDINGS—REVIEW —CUSTODY OF CHILDREN.
1. Where, in an action for divorce, defendant, though a witness in his own behalf, failed to deny that he had been guilty of adultery, and it was shown that he was an habitual drinker of intoxicants, plaintiff was entitled to a divorce.
2. Where, in an action for divorce, the evidence was conflicting as to plaintiff's alleged misconduct, and the trial court refused to credit the same, and granted her a divorce, to which she was otherwise entitled, such finding would not be reversed on appeal as contrary to the evidence.
3. When plaintiff left her husband's house and went to her parents defendant refused to let her take their two children, a boy six years of age and a girl four years old, with her. At the time of the trial, the girl, who had been properly cared for by her paternal grandparents, was inclined to remain with them, while the boy desired to stay with his mother. Held that, on a divorce being decreed for the husband's adultery and drunkenness, an order awarding the custody of both children to the mother was proper.
Appeal from Circuit Court, Atchison County; Cyrus A. Anthony, Special Judge.
Action by Anna L. Million against Charles B. Million. From a judgment in favor of plaintiff, defendant appeals. Affirmed.
Jno. P. Lewis, for appellant. Lewis J. Miles, for respondent.
ELLISON, J.
This action was brought by plaintiff against her husband for divorce. The decree was for plaintiff, and that she have the custody of their two minor children. Defendant thereupon appealed. The charge in plaintiff's petition was habitual drunkenness and indignities which rendered her condition intolerable. Defendant filed a cross-bill, in which he charged indignities against plaintiff in having a clandestine correspondence with a man, and with improper and indelicate conversations with other men. The further specific charge of adultery was made. The evidence disclosed that plaintiff and defendant had lived together as husband and wife for several years; that there were two children born of the marriage—one a boy, six years old, and the other a girl, four years old; that both the paternal and maternal grandparents of the children are alive, and are willing and able to care for, protect, and educate the children. The evidence showed that defendant was an habitual drinker of intoxicants, and it was...
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