King v. King

382 S.W.2d 819, 1964 Mo. App. LEXIS 557
CourtMissouri Court of Appeals
DecidedOctober 9, 1964
DocketNo. 8344
StatusPublished
Cited by4 cases

This text of 382 S.W.2d 819 (King v. King) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King v. King, 382 S.W.2d 819, 1964 Mo. App. LEXIS 557 (Mo. Ct. App. 1964).

Opinion

STONE, Judge.

On September 30, 1963, plaintiff Anna Maydeen King instituted this action hy the filing of her petition for separate maintenance. On the next day, defendant Everett King filed his answer and cross-hill, in which he sought a decree of divorce a vinculo matrimonii, i. e., an absolute divorce, on the sole statutory ground that plaintiff Maydeen “[had] absented * * * herself without a reasonable cause for the space of one year” [V.A.M.S. § 452.010], which is “the legal equivalent of ‘desertion’ as defined in textbooks and reported cases” [Nolker v. Nolker, Mo. (banc), 257 S.W. 798, 803] and is “commonly referred to as desertion.” Watson v. Watson, Mo.App., 291 S.W.2d 198, 200. Following trial on January 8, 1964, both plaintiff’s petition and defendant’s cross-bill were dismissed by the court. Defendant Everett has appealed, insisting that he was entitled to a decree of ■divorce upon his cross-bill. Since plaintiff Maydeen has not appealed, the propriety of the dismissal of her petition for separate maintenance is not before us. Davis v. Broughton, Mo.App., 369 S.W.2d 857, 858-859; Wilson v. Motors Ins. Corp., Mo.App., 349 S.W.2d 250, 251.

Everett, then 20, and Maydeen, then 17, were married in Pineville, McDonald County, Missouri, on June 2, 1933. Almost twenty-nine years later, to wit, on February 5, 1962, they separated in Diamond, Newton County, Missouri. No children had been born of the marriage. Nothing in the record suggests that, prior to the year before their separation, their marital bark had sailed through more troubled seas or had been buffeted by more tempestuous storms than those encountered in the ordinary domestic voyage. Everett had been in military service for three years during World War II, after his discharge had worked as a contractor for about four years, and for some eleven years prior to 1962 had been employed at Fort Crowder as an equipment operator with civil service status. While Everett thus had been engaged in providing for the family, Maydeen had been cast in the more prosaic, but nonetheless important, role of homemaker and housewife. That she had discharged her duties well was attested by Everett’s quick and complete agreement upon trial that she had “made [him] a good wife.” Likewise, Everett readily conceded that Maydeen had never told him that “she didn’t love [him]” and had never “failed to perform her marital duties.”

“A number of times” during a relatively brief period prior to their separation on February 5, 1962, the parties had “some trouble” but (in Everett’s words) “not real bad I wouldn’t say.” As Everett explained it, the trouble was Maydeen’s “just griping about this and griping about that.” But his testimony suggested that the root of the trouble was that “she felt I was having too much [evening] activity” outside the home, and her testimony definitely confirmed that. Maydeen stated that “he would be gone at least five nights a week, sometimes six,” and that she had obj ected to that as “most any woman would.” She believed, but without definite supportive proof, that Everett had been “running around with other women.” Apparently to her intuitive feminine mind that was the only reasonable or logical answer to the age-old provocative query (upon trial put by Maydeen to her cross-examiner), “what do men run around all the time at night away from home for?”

Conceding that he had been out five nights “possibly some weeks but not every week,” Everett offered an answer to the quoted query (insofar as it pertained to his own conduct) by relating his attendance at meetings of the Masonic Lodge, the Veterans of Foreign Wars, and the American Legion, with particular emphasis upon his [821]*821activities as “chairman of the homecoming ■committee” for a celebration in October 1961 to honor one Tucker after his election to the office of state commander of the American Legion. But regardless of where •or how Everett had spent his evenings, it is reasonable to infer that many absences from home were motivated or prolonged by Tiis admitted feeling that “he just dreaded to ■come home of an evening,” because (so he ■said) of “what I would face when I would get there.” Maydeen’s physical condition and time of life may have contributed to the difficulty, for she had undergone a hysterectomy on April 5, 1961, was nervous and unable “to do anything at all” after returning home from the hospital, “had quite a time with the incision healing,” and still was unable to work when the parties separated on February 5, 1962.

The incident which culminated in separation occurred on the evening of Sunday, February 4. As Everett prepared to leave “supposedly” for the purpose of visiting a sick neighbor in the hospital, Maydeen expressed a desire to accompany her husband. In her words, “I could tell by the expression on his face he didn’t want me to go with him; in fact he just said he didn’t want me to go with him.” Everett’s trial version was that he had told his wife that she “could go along,” but that, when she said “yes, but you don’t want me to go,” he had replied, “well, I just won’t go.” In any event, an argument ensued in which May-■deen said in substance that she “had took all [she] could take of it” and “accused [Everett] of doing this and doing that,” ■insinuating that he was “going with other women.” As is usually true in such situations, “one thing led to the other” until (so Maydeen stated upon trial) “he told me that •one of us had to leave” and, being physically and financially unable to maintain the home alone (they were then living on a 17-acre tract), she had said that she would leave. Everett testified that he had told his wife "“now listen, you don’t have to leave,” but that she had insisted “I am not going to stay Fere.” That same evening both Maydeen and Everett talked over long distance with a niece in Dallas, and in another long distance call to Joplin Maydeen obtained information concerning bus schedules to Dallas. When she subsequently remarked that she did not have sufficient luggage to complete her packing, Everett volunteered that “in the morning we’ll go get you some suitcases”; and so he did. On the evening of Monday, February S, he put her on a bus at Joplin, and she went to Dallas where she visited for three weeks before returning to Neosho.

Thereafter, she lived in Neosho. Although the record is not definite and complete on this subject, she apparently worked most, if not all, of the time. Her first place of employment was the Big Spring Inn (the nature of her work there was not shown), and at the time of trial she was employed as a clerk at the Newton Hotel. Her gross salary there was $25 per week; her take-home pay, $21.79 per week. The hotel did not furnish her meals. She resided in an apartment, where the rental was $30 per month and she paid the utility bills. It appears that she lived alone.

Everett called at her apartment several times during the interval of some twenty-two months between the date of her return from Dallas and the time of trial.

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Bluebook (online)
382 S.W.2d 819, 1964 Mo. App. LEXIS 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-king-moctapp-1964.