Slaughter v. Slaughter
| Decision Date | 04 April 1904 |
| Citation | 106 Mo. App. 104,80 S.W. 3 |
| Parties | SLAUGHTER v. SLAUGHTER (two cases). |
| Court | Missouri Court of Appeals |
2. A petition in divorce alleged that defendant offered to plaintiff such indignities as to render his condition intolerable, in that defendant continually abused plaintiff, quarreling with him over various and trifling matters, which was wholly uncalled for and unnecessary on the part of defendant. Held, that the petition was defective, as stating conclusions of law.
3. The continual abuse of a husband by his wife, and her quarreling with him over small matters, is a ground for divorce.
4. An issue raised on the statement of a legal conclusion which presents the real point in controversy will be regarded as sufficient after verdict.
Error to Circuit Court, Macon County; Nat. M. Shelton, Judge.
Suit by Jacob B. Slaughter against Lucy A. Slaughter for divorce. From the judgment giving plaintiff a decree, and rendering judgment against him for alimony, both parties bring error. Reversed as to plaintiff, and otherwise affirmed.
Joseph Park & Son and T. E. Francis, for Jacob B. Slaughter. Millan & Greenwood, for Lucy A. Slaughter.
From the judgment in this case both plaintiff and defendant have respectively prosecuted a writ of error. The action is for divorce. Plaintiff, who obtained a decree, complains of the action of the court below in rendering judgment against him for alimony. The defendant's complaint is that the plaintiff's petition did not state a cause of action, and therefore the court committed error in granting him a divorce. We will consider the plaintiff's case first.
There can be no question but what it was error to render judgment against plaintiff for alimony, for the decree granting him a divorce precluded the wife from a right to a judgment for alimony. Section 2929, Rev. St. 1899, is that "in all cases of divorce from the bonds of matrimony the guilty party shall forfeit all rights and claims under and by virtue of the marriage." In McIntire v. McIntire, 80 Mo. 470, the court held that "a woman can have permanent alimony in this...
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