Twyman v. Twyman
| Decision Date | 31 October 1858 |
| Citation | 27 Mo. 383 |
| Parties | TWYMAN, Appellant, v. TWYMAN, Respondent. |
| Court | Missouri Supreme Court |
1. After a husband or wife has been wronged in such a manner as would warrant a divorce, if he or she voluntarily cohabits with the other party, it is a condonation of the offense.
2. The admissions of a party to a proceeding for divorce are evidence against him, but alone they are not sufficient to warrant a decree; they must be supported by other evidence.
Appeal from Monroe Circuit Court.
Howell, for appellant.
The evidence in this case is not sufficient to warrant a divorce. The specific acts of misconduct alleged in the petition, no doubt, if recent and supported by the necessary evidence, would, under our law, warrant a decree separating a wife from her husband. The main charges of cruelty alleged in the petition occurred some years before the institution of this suit, and there seems to have been a long cessation of injurious conduct on the part of the husband. In the language of those who write on the subject of divorces, there is such a thing as condoning marital offenses. After one of the married parties has been wronged in a way that would warrant a divorce, if he or she voluntarily cohabits with the other party, it is a condonation of the offense. However, an offense pardoned in this way will revive upon a subsequent violation of the marital duties. Considering the evidence in the cause, the plaintiff must have been under some undue influence hostile to the defendant. Just before the beginning of this suit she agreed to live with him, if he would remove to the neighborhood of her friends. After he had in compliance with this understanding taken a portion of his goods to the house of his wife's mother, his wife refused to see him any more and invited him to leave her mother's, where she was then living, and where the goods removed had been temporarily left.
None of the grounds relied on for a divorce are supported by any other evidence than the expressed and implied admissions of the defendant, made at a time and under circumstances which show that, as his object was a reconcilation with his wife, he deemed it more advisable to acquiesce in her accusations than to alienate her by a contradiction of them. The chief witnesses, too, who testify to these admissions, seem to have been sent to the defendant to extract evidence by which the charges in the petition might be sustained, as the institution of this writ was simultaneous with the disclosures made by the witnesses. Dr. Crow proves an admission by the defendant that he had wronged his wife, but what those wrongs were does not appear; though...
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Scott v. Scott
...123 S.W.2d 86; Tegethoff v. Tegethoff, 198 Mo.App. 167, 199 S.W. 460, l. c. 464, 465; Tuttle v. Tuttle, 240 S.W. l. c. 511; Twyman v. Twyman, 27 Mo. 383; Willett Willett, 196 S.W. 1058; Williamson v. Williamson, 164 S.W.2d 606, l. c. 610; Culp v. Culp, 164 S.W.2d 623, l. c. 626. (3) The res......
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Scott v. Scott
...123 S.W. (2d) 86; Tegethoff v. Tegethoff, 198 Mo. App. 167, 199 S.W. 460, l.c. 464, 465; Tuttle v. Tuttle, 240 S.W. l.c. 511; Twyman v. Twyman, 27 Mo. 383; Willett v. Willett, 196 S.W. 1058; Williamson v. Williamson, 164 S.W. (2d) 606, l.c. 610; Culp v. Culp, 164 S.W. (2d) 623, l.c. 626. (3......
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Chapman v. Chapman
...in England, we think the rules of that court should govern, as far as they may be applicable to our institutions in law." In Twyman v. Twyman, 27 Mo. 383, Scott, J., who had recently written the Doyle case, supra, held that condonation would defeat the action for divorce. The doctrine as to......
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Chapman v. Chapman
...in England, we think the rules of that court should govern, so far as they may be applicable to our institutions in law." In Twyman v. Twyman, 27 Mo. 383, Scott, J., who had then recently written the Doyle Case, supra, held that condonation would defeat the action for divorce. The doctrine ......