No. 5569. January 12, 1949. Paul H. Koenig and Edward W. Fredrickson, both of St. Louis, Mo., for plaintiff. Drake Watson, U.S. Atty., of New London, Mo., and William V. O'Donnell, Asst. U.S. Atty., of St. Louis, Mo., for defendant. Donald Gunn, of St. Louis, Mo., for third-party defendant Mrs. Bytha Hooker Rhodes. Olan R. Van Zandt, of Sherman, Tex., and Thompson, Mitchell, Thompson Young, and Harold I. Elbert, all of St. Louis, Mo., for third-party defendant Mrs. Bessie Boucher. Roberts P. Elam
Submitted November 21, 1932 Decided December 6, 1932 Appeal from the Supreme Court, Appellate Division, Second Department. David S. Murden for appellant. Douglas Macduff for respondent. Order affirmed, with costs payable out of the estate. Question certified answered in the affirmative. No opinion. Concur: CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ. Dissenting: POUND, Ch. J.
December, 1914. Isaac Siegmeister, for plaintiff. Joseph H. Rose, for defendant. KAPPER, J. The plaintiff seeks to annul his marriage to the defendant upon the ground that her former husband was living at the time. He has proven some facts, chiefly by way of admissions by the defendant, from which it might be found that the defendant had been previously married in Russia, but when was not made to appear. Beyond that proof the plaintiff does not go. He neither proves the existence of the former husband
August, 1899. Campbell Hance (H.H. Walker, of counsel), for plaintiff. A.V. Campbell, for defendant. RUSSELL, J. The plaintiff is entitled to a separation from the defendant if she was his lawful wife, for his abandonment of her is in law a desertion in case he owed her the obligations due from a husband to a wife. A lawful ceremony of marriage was performed between the parties, and the question to be solved is as to the right of the plaintiff to marry at the time the ceremony was performed. At that