Yeager v. Yeager

• Decision Date: 02 May 1916
• Docket Number: No. 14803.,14803.
• Citation: 185 S.W. 743
• Parties: YEAGER v. YEAGER.
• Court: Missouri Court of Appeals

185 S.W. 743

YEAGER v. YEAGER.

No. 14803.

St. Louis Court of Appeals. Missouri.

May 2, 1916.

Appeal from St. Louis Circuit Court; Leo S. Rassieur, Judge.

"Not to be officially published."

Bill for divorce by Della Yeager against John S. Yeager, with cross-bill by defendant. Decree dismissing the bill, and decree for defendant, with allowance of suit money and alimony to plaintiff, and plaintiff appeals. Affirmed.

Bass & Bass, of St. Louis, for appellant. George E. Mix, of St. Louis, for respondent.

REYNOLDS, P. J.

Plaintiff, appellant here, by her petition prays for a divorce from the defendant, respondent here, and stating that they were married in October, 1902, and continued to live together until March 25th, 1914, alleges that during all of that time she faithfully demeaned herself and discharged all her duties as the wife of defendant and at all times treated him with kindness and affection.

The allegations relied upon as entitling plaintiff to a divorce are, that defendant at all times constantly abused plaintiff, cursed and swore at her and called her vile names and applied toward her profane epithets and that he struck her on many occasions and many times kicked and beat her, and that he was addicted to habitual drunkenness for one whole year or more next prior to the filing of the petition.

In his amended answer to this, admitting the marriage and that the parties lived together until March 25th, 1914, defendant denies that plaintiff faithfully demeaned herself and discharged all her duties as his wife, or that she treated him with kindness and affection, or that he disregarded his duties as husband of plaintiff, and denies that he was guilty of any indignities or of the indignities charged, or that he was an habitual drunkard for the space of one whole year next to or immediately before the filing of the petition, or for any other period of time.

By way of cross bill defendant states that following the marriage the parties lived together until March 25th, 1914; that defendant faithfully demeaned and conducted himself as a kind and loving husband and at all times treated plaintiff with kindness and affection but that plaintiff, disregarding her duties as a wife, offered and inflicted upon defendant such indignities as to render his condition intolerable, in this: That she was of a quarrelsome and nagging disposition; treated defendant with contempt, coldness and indifference; that on March 25th, 1914, defendant left St. Louis for Hot Springs, Arkansas, where he was obliged to go for the benefit of his health, leaving plaintiff in their home in St. Louis; that defendant returned to that city on or about April 25th, 1914, and found that plaintiff had left their home on April 10th, 1914, and had taken away with her all of defendant's household furniture and furnishings and had left this state and gone to Illinois to reside; that to recover this furniture, defendant was obliged to institute a replevin suit; that plaintiff had deserted and abandoned defendant without reasonable cause and has ever since failed and refused and neglected to return to defendant and perform her duties as his wife; that plaintiff cursed and swore at defendant and called him vile and obscene names during the greater part of the last year they lived together; that plaintiff associated with a party named (who we will here designate as "J. D."), and would frequently stay out at night with this J. D., would not come home until about midnight; that association of plaintiff with this J. D. covered the last year and a half that plaintiff and defendant lived together; that during this time plaintiff also associated with other men whose names are unknown to defendant; that plaintiff's conduct with this J. D. and other men, whose names are unknown to defendant, consisted in plaintiff sitting on the lap of said J. D., hugging and kissing him, attending a dance hall in South St. Louis with him and frequenting other places, the names of which are unknown to defendant; that she visited a wine room at Sixth and Carr, and another at Compton and Franklin with this J. D., and drank beer with him while she and J. D. were in or passing through Lafayette Park; that these acts of misconduct on the part of plaintiff were committed at divers times, the exact dates unknown to defendant, but all during the last year and four months that they lived together as husband and wife; that these acts and the conduct and associations on the part of plaintiff have been such as to disgrace and humiliate defendant and that plaintiff had and maintained improper relations with this J. D. during practically all of the last year and four months that they lived together and up to and including the date of the filing of the amended answer and cross bill, which was filed on October 22nd, 1914. Making proper averment as to residence, defendant prays for a divorce.

The reply was a general denial.

At the end of the trial the court rendered a decree dismissing plaintiff's bill and awarded defendant a decree on his cross bill and, on plaintiff applying for an appeal, allowed her $225 suit money payable forthwith and $20 a month alimony, the first payment to be made forthwith and to be continued during the pendency of the appeal. From this plaintiff has duly perfected her appeal.

The errors assigned are to granting defendant a divorce on the evidence; that "the verdict" is against the evidence and the weight thereof; is against the law as applied to the evidence.

It would serve no useful public purpose to set out in detail the evidence in this case. It is sufficient to say of it that...