Iago v. Iago
Illinois Supreme Court
Writ op Error to the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; • the Hon. E. F. Dunne, Judge, presiding. This was a bill in chancery filed in the circuit court of Cook county by Selina Iago, defendant in error, against Bernard Iago, her husband, for divorce.
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Writ op Error to the Appellate Court for the First District;—heard in that court on writ of error to the Circuit Court of Cook county; • the Hon. E. F. Dunne, Judge, presiding. This was a bill in chancery filed in the circuit court of Cook county by Selina Iago, defendant in error, against Bernard Iago, her husband, for divorce. It appeared to the circuit court the said Bernard Iago was insane, whereupon the court appointed one H. T. Aspern as guardian ad litem for the defendant. Such proceedings were had in the circuit court as that a decree of divorce was entered in favor of the wife, the…
1Opinion of the CourtJustice Boggs
The ground of the motion to dismiss was, that the plaintiff in error was an insane person at the time the writ of error was sued out, and by reason of such insanity was incapable to elect whether he will remain married or become single, and no one can elect for him.
It seems well settled the right to sue for an absolute divorce is a personal right and requires the intelligent action of the injured party, for which reason it has been frequently held a guardian or next friend of an insane person cannot maintain a suit for absolute divorce for bis ward. It is also well settled in this State a…
2Cases cited2 opinions
- Ames v. AmesIllinois Supreme Court · 1894
- Bradford v. AbendIllinois Supreme Court · 1878
3Cited by21 opinions
- Metropolitan Sanitary District of Greater Chicago Ex Rel. O'Keeffe v. Ingram Corp.Illinois Supreme Court · 1981
- Pyott v. PyottIllinois Supreme Court · 1901
- In Re Marriage of DrewsIllinois Supreme Court · 1986
- Dillion v. DillionCourt of Appeals of Texas · 1925
- In Re Marriage of DrewsAppellate Court of Illinois · 1985
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