Barricelli v. Barricelli., No. 19960.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtSutton
Citation300 S.W. 1023
Docket NumberNo. 19960.
Decision Date10 January 1928
PartiesBARRICELLI v. BARRICELLI.
300 S.W. 1023
BARRICELLI
v.
BARRICELLI.
No. 19960.
St. Louis Court of Appeals. Missouri.
January 10, 1928.

Appeal from St. Louis Circuit Court; Claude E. Pearcy, Judge.

"Not to be officially published."

Action by Pierina Barricelli against Louis E. Barricelli. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

Henry J. Mueller, of St. Louis, for appellant.

Verne Lacy, of St. Louis, for respondent.

SUTTON. C.


This is an action for divorce. Upon the trial the court gave judgment granting plaintiff a divorce and awarding her the custody of her two minor children, with $25 per week as alimony and for support of said children. Defendant appeals.

The petition does not allege, nor does the judgment show, that the plaintiff has resided within this state one whole year next before the filing of the petition, or that the offense or injury complained of was committed within this state, or whilst one or both of the parties resided within this state. The defendant insists here upon a reversal of the judgment for failure of the petition to allege the one or the other of these jurisdictional facts. Under a long line of authorities in this state we are constrained to hold that the petition in this respect is insufficient to support the judgment as against a direct attack by appeal. Cheatham v. Cheatham, 10 Mo. 296; Carter v. Carter, 88 Mo. App. 302; Johnson v. Johnson, 95 Mo. App. 329, 68 S. W. 971; Collins v. Collins, 53 Mo. App. 470; Coulter v. Coulter, 124 Mo. App. 149, 100 S. W. 1134; Amerland v. Amerland, 188 Mo. App. 50, 173 S. W. 104; Stansbury v. Stansbury, 118 Mo. App. 427, 94 S. W. 566.

The commissioner recommends that the judgment of the circuit court be reversed and the cause remanded.

PER CURIAM.

The foregoing opinion of SUTTON, C., is adopted as the opinion of the court.

The judgment of the circuit court is accordingly reversed and the cause remanded.

DAUES, P. J., and BECKER and NIPPER, JJ., concur.

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1 practice notes
  • Pike v. Pike, No. 20674.
    • United States
    • Missouri Court of Appeals
    • April 1, 1946
    ...(2d) 647. The decisions of the appellate courts are unanimous that such a petition confers no jurisdiction. Barricelli v. Barricelli, 300 S.W. 1023; Stansbury v. Stansbury, 94 S.W. 566; Gordon v. Gordon, 107 S.W. 410. Lewis W. Sanders, Henry Depping and Hogsett, Trippe, Depping & Houts, for......
1 cases
  • Pike v. Pike, No. 20674.
    • United States
    • Missouri Court of Appeals
    • April 1, 1946
    ...(2d) 647. The decisions of the appellate courts are unanimous that such a petition confers no jurisdiction. Barricelli v. Barricelli, 300 S.W. 1023; Stansbury v. Stansbury, 94 S.W. 566; Gordon v. Gordon, 107 S.W. 410. Lewis W. Sanders, Henry Depping and Hogsett, Trippe, Depping & Houts, for......

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