78 Mo. App. 99 | Mo. Ct. App. | 1899
This is an action of divorce. The charges are indignities and desertion. The answer is a general denial. The issues were found for the defendant and the bill was dismissed. The plaintiff has appealed. He urges that the findings of the circuit court are against the weight of the evidence.
The most serious charge is unproved. It is too base for publication. The plaintiff testified that the defendant made the accusation. The defendant denied this. She stated that a few days prior to the separation the plaintiff confessed his guilt to her, and that she had not told it to any one. There is no proof that she did. It appears from a written memorandum that the circuit court was of the opinion that the plaintiff did make the confession, but that at the time (and since) he was so much disturbed mentally that he said and did things which he did not appreciate. The conclusion of the court as to the question must be sustained.
The plaintiff and defendant were married May 21, 1895. The defendant left plaintiff’s bed and board on June-19; 1896. This action was commenced September 17, 1897. The desertion is informally pleaded, but we deem the petition sufficient. The plaintiff says that he at all times treated the defendant with kindness and affection, but notwithstanding this, she left him and remained away, although often requested by plaintiff to return. This was in effect a charge that defendant left without a just cause. The only question is whether the defendant was justified in leaving the plaintiff. The substance of the defendant’s testimony is, that during her married life the plaintiff’s mother was unkind to her; that on the day she left her mother-in-law cursed her and ordered her to leave the house; that this occurred in the presence of her husband and without protest from him, and that she thereupon packed her trunk and went to her-mother’s home. As to these matters the defendant is cor
"With the concurrence of the other judges the judgment •of the circuit court, will be affirmed. It is so ordered.