76 Mo. App. 637 | Mo. Ct. App. | 1898
Action for divorce brought by appellant against the respondent, his wife, grounded upon the following alleged indignities:
“I. That without cause or provocation upon the part of plaintiff, defendant has continuously quarrelled at plaintiff and used toward him abusive and disrespectful language in the presence of others, much to his mortification, humiliation and disgrace.”
“II. That she not only has made no effort to make his home pleasant and comfortable, neglecting all her household duties, but has sadly neglected their child, failing to bestow upon it the care and attention requisite to the bringing up of said child in a proper and befitting manner.”
“III. That although plaintiff has worked hard to try and make a livelihood for defendant and their said child, by running a hotel in this city (St. Louis), his business has been almost entirely ruined by reason of defendant’s presence, when at different times she would come to said place, and using such vile and indecent language toward plaintiff in the hearing of others, and upon one occasion assaulted him with her parasol and threw an inkstand at him, refusing to listen to plaintiff’s remonstrance with her, and plaintiff states that such continual disturbances will finally be the ruination of himself and his business.”
The defendant’s answer, after admitting the marriage, the birth of the child and denying generally the other allegations in the petition, specifically charges that the plaintiff repeatedly during the year 1897 was guilty of adultery with one Ida Utt, at No. 15 North
The testimony of Mrs. Lawlor was in substance, that from the marriage until about two years previous to the trial, she and her husband had lived together very agreeably, and that he had been kind to her and treated her well; that about two years before the trial he began his habit of remaining away from home, would make only short visits in the afternoon of Sundays, and on occasional week days but would only remain a short length of time, although she begged him to remain longer. She was provided a home away from the hotel and her husband, gave all of his time practically to the hotel, claiming that his business demanded it; that during this period he neglected her. Her further testimony indicates that his conduct and associations were such as to excite her jealousy, although there is no evidence in the record proving that he had been guilty of adultery. The defendant also testified that her husband had once assaulted her by striking her on the back of her neck with his fist, and at another time by striking her on the face, with such violence as to bruise and lacerate the flesh; that her face was bruised and lacerated at the time is corroborated by the testimony of another witness. Both parties proved that they were persons of good character. The trial court after hearing the evidence, dismissed the bill and rendered judgment against the plaintiff for costs, from this judgment he has duly appealed.