Smith v. Smith
Mississippi Supreme Court
Appeal from the chancery court of Lowndes county. Lyon, Chancellor. Appellant filed his bill in the chancery court of Lowndes county, on the 25th day of March, 1868, praying fora divorce, a vinculo matrimonii,from the appellee, and alleged as grounds for such divorce, in substance, the following facts : That complainant first became acquainted with defendant in the month of June, 1865. That in the month of December, 1865, subsequent to their marriage, he discovered for the…
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Appeal from the chancery court of Lowndes county. Lyon, Chancellor. Appellant filed his bill in the chancery court of Lowndes county, on the 25th day of March, 1868, praying fora divorce, a vinculo matrimonii,from the appellee, and alleged as grounds for such divorce, in substance, the following facts : That complainant first became acquainted with defendant in the month of June, 1865. That in the month of December, 1865, subsequent to their marriage, he discovered for the first time that she was the victim of hereditary insanity. Sixteen months after marriage she gave birth to a child, which…
1Opinion of the Court
SlMBALL, J.:
The appellant sued for a divorce “ a vinculo matrimonii,” on the ground that his wife, before and at the time of the marriage, was insane. He avers- that her mental infirmity was at that time unknown to him, but that it disclosed itself shortly after the marriage; that, conceiving that it was temporary and curable, he continued to cohabit with her, until satisfied that she was incurable, when he separated from her. As to Mrs. Smith, the wife, the case was prepared and heard ex parte in the chancery com;t. There is no appearance for her in this court.
In none of the revisions of the…
2Cases cited4 opinions
- Corbit v. SmithSupreme Court of Iowa · 1858
- Powell v. PowellMississippi Supreme Court · 1854
- Ward v. DulaneyMississippi Supreme Court · 1852
- Wray v. WraySupreme Court of Alabama · 1858
3Cited by11 opinions
- United States v. COLOTTAMississippi Supreme Court · 1955
- White v. WilliamsMississippi Supreme Court · 1931
- Ellis v. EllisMississippi Supreme Court · 1928
- Parkinson v. MillsMississippi Supreme Court · 1935
- DeMedio v. DeMEDIOSuperior Court of Pennsylvania · 1969
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