Sindowski v. Sindowski
Superior Court of Delaware
Action for Divorce Petition dismissed for defective averments therein. The cause relied upon for divorce was alleged in the petition as follows: “That the said Rosie Sindowski, being at this time domiciled in the City of Wilmington, on or about the twelfth day of September, A. D. 1909, and continuously from that time, also divers other times previous thereto, was guilty of habitual drunkenness such as to endanger the life and health of Joseph Sindowski and to render…
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Action for Divorce Petition dismissed for defective averments therein. The cause relied upon for divorce was alleged in the petition as follows: “That the said Rosie Sindowski, being at this time domiciled in the City of Wilmington, on or about the twelfth day of September, A. D. 1909, and continuously from that time, also divers other times previous thereto, was guilty of habitual drunkenness such as to endanger the life and health of Joseph Sindowski and to render co-habitation and living unsafe with her.”
1Opinion of the CourtBoyce, J.
delivering the opinion of the court:
Our statute (Laws 1906, c. 221) regulating annulment of marriage and divorce enumerates the causes for divorce, whether a vinculo matrimonii or a mensa et ihoro in simplest terms and phrases. The court has frequently urged that the cause or causes for divorce, relied upon, be averred in the petition in the exact language of the statute. And that the conditions as to residence as provided by section 9 of the act be averred so as to meet fully the requirements of said section. These are vital matters, and there should be no uncertainty in the language…
2Cited by4 opinions
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