Whitehead v. Whitehead
Supreme Court of Vermont
Petition for divorce for _ intolerable severity. Heard at the September Term, 1910, Franklin County, Miles, J., presiding. Judgment on the facts found that the petition be dismissed. The petitioner excepted. The opinion sufficiently states the case.
1Opinion of the CourtPowers, J.
The law of this case is all to be found in Mathewson v. Mathewson, 81 Vt. 173, 69 Atl. 646, 18 L. R. A. (N. S.) 300. It is there held that intolerable severity may be established in divorce proceedings by proof of any line of misconduct persisted in by the offending party to such an extent as to cause or threaten injury to the life, limb or health of the other; and that it is not necessary that such injury, actual or threatened, should be the direct result of such misconduct but that it is sufficient if it is produced by grief, worry or mental distress occasioned thereby. It is also there…
2Cases cited4 opinions
- Callanan v. . K., A.C. L.C.R.R. Co.New York Court of Appeals · 1910
- Mathewson v. MathewsonSupreme Court of Vermont · 1908
- Sowles v. Village of St. AlbansSupreme Court of Vermont · 1899
- Gregg & Co. v. BeaneSupreme Court of Vermont · 1895
3Cited by11 opinions
- Barber v. BaileySupreme Court of Vermont · 1912
- Hitchcock v. KennisonSupreme Court of Vermont · 1921
- Pacquin v. PacquinSupreme Court of Vermont · 1965
- Hinsman v. Marble Savings BankSupreme Court of Vermont · 1929
- Gilbert v. GilbertSupreme Court of Vermont · 1962
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