Bowers v. Bowers

• Citation: 19 Mo. 351
• Parties: BOWERS, Respondent, v. BOWERS, Appellant.
• Decision Date: 31 January 1854
• Court: United States State Supreme Court of Missouri

19 Mo. 351

BOWERS, Respondent,

v.BOWERS, Appellant.

Supreme Court of Missouri.

January Term, 1854.

1. finding of the facts which merely states that the defendant was guilty of acts and abuse which were indignities, without stating the nature of the acts or abuse, is not sufficient to support a decree for a divorce.

2. A petition for a divorce which only charges, in general terms, that one party offered to the other indignities which rendered his or her condition intolerable, is not sufficiently specific under the statute.

Appeal from Weston Court of Common Pleas.

This was a petition for divorce and alimony, filed by Mary A. Bowers against Samuel C. Bowers. The plaintiff obtained a decree, and the defendant appeals. The facts found by the court below are sufficiently stated in the opinion of the court.Vories, for Appellant.

1. The finding of the court below was not supported by the evidence.

2. The finding does not support the decree. No fact was found which entitled plaintiff to a divorce.

3. The court erred in allowing plaintiff a gross sum, out of the defendant's estate, instead of allowing her a share of his income. Miller v. Miller, 6 J. C. R., 91; Burr v. Burr, 10 Paige's Ch. Rep. 26.

Hayden, for Respondent.

1. This court will not look behind the finding of the court below into the evidence, as no motion for a review was filed, until after four days had elapsed.

2. The allegations of the petition and the finding are sufficient to support a decree.

3. The sixth section of the act concerning divorce and alimony, gives the court a discretion as to what order shall be made touching alimony.

GAMBLE, Judge, delivered the opinion of the court.

In this case, the petitioner seeks a divorce from her husband. The cause of the divorce stated in petition is intended to be brought under the clause of the statute which allows a divorce to be granted, when “either party shall offer such indignities to the other as shall render his or her condition intolerable.” The trial was before the court, and there is finding of the facts upon which a divorce was granted, and the defendant appealed.

2. The finding of the court, in that part of it which relates to the question, whether such indignities were offered by the defendant to the plaintiff as to render her condition intolerable, is in these words: “That through defendant's relations, his mind was completely poisoned against her; that, after his recovery, and the commencement of the difficulty, as in proof, the acts and abuse in proof, of the defendant and his relations, in reference to plaintiff were by concert, and intended to drive...