Missouri Appeal Reports Volume 106

Missouri Appeal Reports Volume 106

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ... of Appeals, April 26, 1904. 1i MARRIAGE: Duress. Where a man, arrested under the provisions of section 1844, Revised Statutes of 1899, marries tho woman concerned in order to escape the penalty of that section, his action is voluntary in a legal sense and he can not afterwards, ln an equitable proceeding, have the marriage annulled on the ground that he was coerced. 2. PRACTICE: Suit Money: Circuit Court Must Allow. An allowance of suit money to cover the expenses of an appeal must be made by the circuit court, and the appellate court can not interfere. Appeal from St. Louis City Circuit Court.--Hon. Fram-kl'i/n Ferriss, Judge. Blankmiester v. Blankmiester. Thos. Morris for respondent. GOODE, J.--This proceeding is of an equitable nature and was instituted to obtain a decree annulling a contract of marriage between the parties. The relief sought is on an averment that plaintiff did not voluntarily enter into the marriage contract, but was coerced in the matter by threats of the defendant's father to prosecute him for a felony'and have him imprisoned in the State penitentiary. The cause was heard below by a very careful and just judge. Many witnesses were put on the stand whose testimony is exceedingly contradictory. We have attentively studied the record and our judgment accords with that of the chancellor who tried the case, that the alleged duress was not proven. The plaintifi found himself in the predicament provided for by section 1844 of the Revised Statutes and was under arrest when the marriage occurred. Whether he married to extricate himself from his trouble or from preference, his action was voluntarily in a legal sense. We forbear to summarize the evidence for the reason that it is of a character to humiliate the...show more

Product details

  • Paperback | 250 pages
  • 189 x 246 x 13mm | 454g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236864425
  • 9781236864420