STARKS v. STARKS

No. 42145.

605 S.W.2d 184 (1980)

Freda Jo STARKS, Respondent, v. Richard Neal STARKS, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

August 26, 1980.


Attorney(s) appearing for the Case

Robert M. Wohler, O'Fallon, for appellant.

C. Clifford Schwartz, Clayton, for respondent.


CLEMENS, Senior Judge.

Defendant husband Richard N. Starks moved to set aside a default judgment that dissolved his marriage, pleading that by reason of a mental defect he had no recollection of the filing of the petition nor executing any entry of appearance. At an extended hearing defendant so testified, but the weight to be given his testimony was discretionary with the trial court.

The parties had been married 22 years when suit was filed in January, 1979...

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