Carter v. Carter
| Decision Date | 25 March 1921 |
| Docket Number | No. 2471.,2471. |
| Citation | 229 S.W. 231 |
| Parties | CARTER v. DARTER. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Jasper County; Grant Emerson, Judge.
Action by Jessie B. Carter against George C. Carter. Decree for plaintiff, al 1 defendant appeals. Affirmed.
Howard Gray, of Carthage, and Owen & Davis, of Joplin, for appellant.
Jas. T. Montgomery, of Sedalia, and Robert P. Stewart and Frank L. Forlow, both of Webb City, for respondent.
Action for divorce. Decree for plaintiff, Jessie B. Carter, and defendant has appealed.
The petition charges indignities and misconduct on part of defendant, and the defendant filed an answer and cross-bill charging indignities and misconduct on part of plaintiff.
These parties were married August 5, 1916, at which time plaintiff was 16 and defendant 19 years of age. They separated about July 16, 1919. Two children were born of the marriage, and in the decree plaintiff was given the care and custody of the children, but defendant was permitted to take them to his residence and have them visit with him from May 1st to June 30th and from October 1st to November 30th of each year.
The only question involved in this appeal is whether or not the judgment on the evidence is for the right party. It would serve no useful purpose to set out here in detail the charges made in the petition and the counter charges made in the answer and cross-bill and the evidence in support of each. We recognize the rule that in this character of a case we are not bound by the finding and judgment of the trial court on the facts, but may review the testimony as preserved in the record and affirm or reverse the judgment as may seem to us to be in furtherance of justice. In view of this fact, we have gone carefully over all the testimony, and after having given it due consideration have reached the conclusion that the judgment of the lower court ought to be affirmed.
It is so ordered.
To continue reading
Request your trial
- Grubbs v. Public Service Co.
- Grubbs v. Kansas City Public Service Co.
-
Lieberman v. American Bonding & Casualty Co.
...to pay was both willful and without reasonable cause. See Miller v. Firemen's Insurance Co., 206 Mo. App. 475, loc. cit. 495 et seq., 229 S. W. 231, loc. cit. 266, 267, and authorities Complaint is made of plaintiff's instruction submitting the issue as to vexatious refusal to pay. This ins......