84 Mo. App. 27 | Mo. Ct. App. | 1900
The suit is for divorce. The grounds alleged in the petition for divorce are indignities. The answer admitted the marriage and separation, but denied all other allegations. Defendant supplemented her answer by a cross bill, in which she alleged indignities as the ground on which she prayed for a divorce. A reply was filed putting in issue the allegations of the cross bill. The court heard the evidence and rendered its judgment finding the plaintiff the innocent and injured party and awarded him a divorce. Timely motions for new trial and in arrest of judgment were filed. These were overruled by the court, and defendant appealed.
I. Appellant contends, first, that the petition fails to-allege that the respondent had resided in this state one whole year next before the filing of the petition, and that the trial court was therefore without jurisdiction to hear the cause and render judgment. The averment of residence is that “the plaintiff has resided in the city of St. Louis and state of Missouri one whole year last past and now resides in such
II. There is 106 pages of written testimony preserved by the bill of exceptions, from which it appears that at the date of the marriage of the parties (May, 1893) each had children by a former marriage, the appellant two, a son eighteen years old and a married daughter; the respondent a grown son and two daughters, one six and the other eight years of age; that for the first year and a half of their married life there was no serious difference between them, and they lived in peace. After this the married daughter, with her husband and family of children, took up her residence near that of appellant and respondent. Erom this date the trouble, which finally culminated in the separation, began. The testimony adduced by respondent tends to prove that appellant’s affections and pecuniary interests were all cen.tered in the family of her married daughter; that she spent most of her time with that family; that she clandestinely took provisions furnished by respondent for his family and gave them to her daughter; that she spent most of her evenings with the family of her daughter, where the evenings were spent in drinking beer, to obtain which the evidence tends to show that appellant would require the little daughters of respondent to go to saloons for it; that the appellant
There were no objections interposed by the appellant to the admissibility of any evidence offered at the trial, and that part of appellant’s brief and argument devoted to the discussion of the inadmissibility of testimony is not before us for review. But it is proper to remark that we have not discovered any evidence that was inadmissible under the pleadings. No exceptions were saved to the rulings of the court on motion for alimony pendente lite, or to the order modifying the original order after the appeal was granted, hence we
Discovering no reversible error in the record, the judgment is affirmed.