Beasley v. Beasley
Decision Date | 27 June 1977 |
Docket Number | Nos. KCD,s. KCD |
Citation | 553 S.W.2d 541 |
Parties | Jack Charles BEASLEY, Appellant, v. Shannon Marie Lattner BEASLEY, Respondent. 28695 and 28716. |
Court | Missouri Court of Appeals |
James S. Cottingham, Independence, for appellant.
Lloyd S. Hellman, Kansas City, for respondent.
Before SHANGLER, P. J., and WELBORN and HIGGINS, Special Judges.
Appeal from adverse judgment in action to set aside default divorce decree. The dispositive question is whether the decree was shown to have been a fraud on the court. Affirmed.
At the conclusion of the hearing, Mrs. Beasley requested, and the court filed "a brief opinion containing a statement of the grounds for its decision" which includes its findings of fact and conclusions of law, as provided in Rule 73.01.1(b), V.A.M.R.:
Appellant contends his petition to set aside the decree should be sustained, asserting that he showed: (A) Mrs. Beasley perpetrated a fraud on the court in the divorce proceedings by reason of false allegation of marriage in her summons, petition for divorce, and testimony; (B) she...
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Riley v. Califano, 78-1026-CV-W-5.
...inquiry cannot stop here. Missouri recognizes the defense of laches to an attack on the validity of a divorce decree. Beasley v. Beasley, 553 S.W.2d 541 (Mo. App.1977); Zahorsky v. Zahorsky, 543 S.W.2d 258 (Mo.App.1976). Elnora must also show that Missouri would not bar her challenge to the......
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Marriage of Brown, In re
...such proof. These facts distinguish this case from the proof requirements of a common law Kansas marriage considered in Beasley v. Beasley, 553 S.W.2d 541 (Mo.App.1977) where laches was applied to a case where the motion to set aside relied on denial of the existence of a common law marriag......
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Stockstrom v. Jacoby
...jurisdiction of the court over the subject matter and the parties, unless the record affirmatively shows the contrary. Beasley v. Beasley, 553 S.W.2d 541 (Mo.App.1977) [5, Because the Stockstrom defendants did not file an answer they were technically in default. 2 Pursuant to Rule 43.01 as ......