Gordon v. Gordon
| Citation | 128 Mo. App. 710,107 S.W. 410 |
| Parties | GORDON v. GORDON. |
| Decision Date | 21 January 1908 |
| Court | Court of Appeal of Missouri (US) |
Appeal from Circuit Court, Knox County; Chas. D. Stewart, Judge.
Suit for divorce by Leona Gordon against Harry Gordon. From a decree for plaintiff, defendant appeals. Reversed.
F. H. McCullough, for appellant.
This appeal was prosecuted from a decree of divorce rendered in favor of the plaintiff. In view of the fact that an essential jurisdictional averment is not in the petition, we will state neither the grounds of divorce alleged nor the evidence offered in support of the allegations, which, however, seems to us to be weak in comparison with the countervailing evidence. The petition contains no averment that the plaintiff had resided within this state one whole year next before the filing of the petition, or that the grievances complained of were committed within the state, or whilst one or both of the parties resided therein. One or more of those facts must be stated in the petition to give the court jurisdiction of the cause. Rev. St. 1899, § 2924 [Ann. St. 1906, p. 1682]; Smith v. Smith, 48 Mo. App. 612; Collins v. Collins, 53 Mo. App. 470; Carter v. Carter, 88 Mo. App. 302; Johnson v. Johnson, 95 Mo. App. 329, 68 S. W. 971. We may add that neither in the answer, decree, nor elsewhere is there any averment or finding of the requisite jurisdictional fact to aid the petition, if it could be aided — a point we do not decide.
The judgment is reversed, and the cause remanded.
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Pike v. Pike
...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. W. Sanders, Henry Depping and Hogsett, Trippe, Depping & Houts, for respondent. (1) The trial court had jurisdiction when appellant obt......
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...S. W. 492; Robinson v. Robinson, 149 Mo. App. 733, 129 S. W. 725; Garver v. Garver, 145 Mo. App. 353, 130 S. W. 369; Gordon v. Gordon, 128 Mo. App. 710, 107 S. W. 410. The answer and cross-bill in this case alleges that "defendant further says that he is a resident of Christian county, Mo.,......
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Pike v. Pike
...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) The trial court had jurisdiction when appellant obtained ......
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