De La Hay v. De La Hay
Illinois Supreme Court
This was a petition by plaintiff in error against defendant in error for divorce, filed in the Morgan Circuit Court. At the March term, 1858, of said court, there was a decree pro confesso, and cause was referred to the Master, to report testimony. Gertrude De La Hay testified, that the parties married in Memphis, Tennessee. Have four children, two of whom are living. Parties lived together from date of marriage till separated by the causes mentioned in the petition.
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This was a petition by plaintiff in error against defendant in error for divorce, filed in the Morgan Circuit Court. At the March term, 1858, of said court, there was a decree pro confesso, and cause was referred to the Master, to report testimony. Gertrude De La Hay testified, that the parties married in Memphis, Tennessee. Have four children, two of whom are living. Parties lived together from date of marriage till separated by the causes mentioned in the petition. In 1853, parties then residing at Taylorville, Illinois, defendant, with consent of complainant, went to New York, and attended…
1Opinion of the CourtWalker, J.
A divorce is asked by the complainant in this case, upon the ground of cruelty on the part of the defendant. Though the complaint in these cases usually proceeds from the wife, as the weaker party, yet the statute authorizes a divorce in favor of the husband, for her cruelty. When the husband is the complainant, it is not sufficient to show slight acts of violence, on her part, towards him, so long as there is no reason to suppose he will not be able to protect himself by a proper exercise of his marital powers. But he may establish such a course of bad conduct on the part of the wife towards…
2Cited by8 opinions
- Fritz v. FritzIllinois Supreme Court · 1891
- Duberstein v. DubersteinIllinois Supreme Court · 1897
- Mason v. MasonAppellate Court of Illinois · 1950
- Hitchins v. HitchinsIllinois Supreme Court · 1892
- Severns v. SevernsAppellate Court of Illinois · 1903
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