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128 Mo. App. 710

Gordon v. Gordon

Missouri Court of Appeals

Decided January 21, 1908

Missouri Court of Appeals · decided 1908-01-21

<p>DIVORCE: Pleading: Residence in the State. A petition for divorce ■winch contains no averment that plaintiff had resided within the State one whole year next before the filing of the petition, or that the grievances complained of were committed within this State, or whilst one or both of the parties resided therein does not state a cause of action of which a court in this State has jurisdiction. [Section 2924', Revised Statutes 1899.]</p>

Relies on Johnson v. Johnson · Collins v. Collins · Smith v. Smith

Good law ✅— No negative treatment on recordhow we know

Reversed aind remanded · Decided 1908-01-21

How this case has been cited

Cited by 5 later decisions — most recently July 1955

5 state decisions

30190819101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM:

¶1This appeal was prosecuted from a decree of divorce rendered in favor of the plaintiff. In view of the fact that an essential jurisdictional averment is not in the petition, we will state neither the grounds of divorce alleged, nor the evidence offered in support of the allegations, which, however, séems to us to be weak in comparison with the countervailing evidence. The petition contains no averment that the plaintiff had resided within this State one Avhole year next before the filing of the petition, or that the grievances complained of were committed within the State whilst one or both of the parties resided therein. One or more of those facts must be stated in the petition to give the court jurisdiction of the cause. [R. S. 1899, sec. 2924; Smith v. Smith, 48 Mo. App. 612; Collins v. Collins, 53 Mo. App. 470; Carter v. Carter, 88 Mo. App. 302; Johnson v. Johnson, 95 Mo. App. 324, 68 S. W. 971.] We may add, that neither in the answer, decree nor elsewhere, is there any averment or finding of the requisite jurisdictional fact to aid the petition, if it could be aided; a point we do not decide.

¶2The judgment is reversed and the cause remanded.

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