Supreme Court of Missouri, 1857

Kruse v. Kruse

Supreme Court of Missouri · Decided March 15, 1857 · Leonard, Ryland, Scott

25 Mo. 68

Cases that cite this one

11 later published cases cite this decision.

Pate v. Pate (Mo. Ct. App. 1878)
Sharp v. Sharp (Mo. Ct. App. 1967)
Mestre v. Pabeyón (Supreme Court of Puerto Rico 1962)
Mestre v. Pabeyón (Supreme Court of Puerto Rico 1962)
Phelps v. Phelps (Mo. Ct. App. 1952)
George v. George (Ky. Ct. App. 1921)
Winkler v. Winkler (Mo. 1917)
McConnell v. McConnell (Mo. Ct. App. 1912)
Martin v. Martin (Ala. 1911)
Hamill v. Talbott (Mo. Ct. App. 1899)
Werz v. Werz (Mo. Ct. App. 1881)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Scott, Judge,

delivered the opinion of the court.

This was a petition for a divorce instituted in the St. Louis Circuit Court on account of desertion and absence. Although the plaintiff may have been married in this state, yet that circumstance of itself does not entitle her to sue in our courts for a divorce. It appears from the evidence in the cause that *70the plaintiff was a non-resident of this state when she instituted this suit, and that she continued so up to the time of the trial of the cause. The second section of the act concerning divorce and alimony, (R. C. 1845,) under which this proceeding was begun, clearly shows that the plaintiff must be a resident of this state.

Judge Ryland concurring,

the judgment will be affirmed;

Judge Leonard absent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.