Belt v. Belt
Decision Date | 06 July 1926 |
Docket Number | No. 15478.,15478. |
Citation | 288 S.W. 100 |
Parties | BELT v. BELT et al. |
Court | Missouri Court of Appeals |
Appeal from Circuit Court, Carroll County; Ralph Hughes, Judge.
Action by Mary Elizabeth Belt against Alex T. Belt, Dora Belt, and Eldred Houston, subsequently dismissed as to defendant last named. From a judgment for plaintiff, the remaining defendants appeal. Affirmed.
Lawson & Hale, of Liberty, and Sam Withers and S. J. & G. C. Jones, all of Carrollton, for appellants.
John T. Morris, of Carrollton, and Guy Whiteman, of Norborne, for respondent.
Actual and punitive damages are asked in the sum of $15,000 and $10,000 respectively.
The defendants Alex T. Belt and Dora Belt each filed separate answers making general denial. Eldred Houston who was also named as a defendant, filed separate answer, consisting of a plea to the jurisdiction of the court on the grounds: (1) That she is not, and was not on and before the date of the institution of this action, a resident of Carroll county, and (2) that service on her was in Jackson county, Mo., where she resides; and (3) "that Alex T. Belt and Dora Belt, the other defendants herein, are residents of Carroll county, Mo., but that neither of said defendants were or are necessary or proper parties herein, and are not bona fide defendants to or for the alleged cause of action, which is based on alleged conspiracy of defendants, for the reason that, if there is any liability on the part of defendants, which is denied, it would be a several liability, and not a joint liability; that said defendants, Alex T. Belt and Dora Belt, were improperly joined as defendants herein for the purpose of attempting to cony fer on this court jurisdiction of the person of this defendant and of the subject of this cause."
The reply was a general denial of the matters contained in the separate answers of the defendants. During the progress of the trial, plaintiff dismissed her suit as to defendant Eldred Houston, and the cause proceeded to judgment against the remaining defendants. Judgment was rendered for plaintiff against Alex T. Belt and Dora Belt in the sum. of 86,000 actual damages. Motions for a new trial and in arrest were unavailing, and defendants appeal.
The record shows that James 0. Belt is the son and only child of defendants Alex T. and Dora Belt, husband and wife; that plaintiff, whose maiden name was Mary Elizabeth Lii: ler, and James 0. Belt were married on November 6, 1915, and from that date, until January 28, 1924, they lived together as husband and wife; that on said last-named date there was a separation, plaintiff remaining in the house which had been occupied by herself and husband for some years immediately preceding the separation. During the first few months of their married life plaintiff and her husband lived at the home of Alex T. Belt and Dora Belt. Later, for some two or three years, they lived in rented houses, until they purchased a home of their own, where they lived until the final separation, and where plaintiff still resides.
The facts show that on Christmas Day, 1922, a family dinner was given at the home of Alex T. Belt, and that plaintiff and her husband, Mary Van Landingham, Catherine Cunningham, and her son, F. S. Cunningham, were guests. Mrs. Van Landingham and Mrs. Cunningham were sisters of defendant Dora Belt, and Mrs. Cunningham lived at Liberty, Mo. As soon as plaintiff and her husband arrived at the home of the elder Belts, James C. Belt was given intoxicating liquor; that the drinking was repeated until James C. Belt and his father became drunk; that, when seated at the table, Alex T. Belt, because of his intoxication, was unable to carve the turkey, and asked James C. to perform that function; but, being intoxicated, he was unable to carve the fowl satisfactorily; that the face of James C. Belt was flushed, and his remarks and condition were those of a man excessively drunk. Plaintiff was so grieved and shocked at the condition of her husband, brought about by the acts of his parents in giving him intoxicants, that she could not eat her dinner, but left the table, and repaired to the living room, where she remained until the meal was over, when her husband came into the room and reclined upon a couch; that plaintiff said to her husband, "O, Jim, how could you have forgotten yourself so?" and that he replied, "O, honey, I didn't mean to do it." Plaintiff then said to him, "I know they ought not to have given it to you." At this juncture defendant Dora Belt came into the room in a state of anger, and said to plaintiff: This was said in the presence of plaintiff's husband and defendant Alex T. Belt. Thereupon Mrs. Cunningham and Mrs. Van Landingham came into the room, and in their presence, and in the presence of James C. and his father, the defendant Dora Belt further said:
Dora Belt also said at that time that she had been in plaintiff's home (prior to her marriage to James C. Belt), and that plaintiff had a very poor home; that plaintiff had never been accustomed to anything in her home; and that what plaintiff now had she (Dora Belt) had given her; that Dora Belt then turned to plaintiff's husband and said, She said plaintiff had offended them terribly, and would not try to be one of them.
There was testimony in plaintiff's behalf, in this connection, tending to show that defendant Dora Belt felt, and so expressed herself, that her son in marrying plaintiff had married beneath his station; that plaintiff replied to this tirade by saying:
Further, it appears that Dora Belt said in the presence of the others that plaintiff was just of a high temper and quarrelsome nature, and nothing pleased her; that Jim was not drunk; and that they were not drunk, and had not been drinking. Plaintiff denied this, and said to her mother-in-law:
"
Thereupon Dora Belt said:
"I don't care what you do; you can go if you want to."
It appears in plaintiff's account of the affair that at this juncture defendant Alex T. Belt, because of his intoxication, was hors de combat; that he began to cry, and was escorted to bed, where he became quieter and went to sleep. After Alex T. Belt had been thus disposed of, plaintiff said to her husband:
— and his reply was, "All right." Then Tim turned to his mother and said:
To this his mother replied:
Later in the evening Alex T. Belt was taken for an automobile...
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