Legal Opinion

Davis v. Davis

Illinois Supreme Court

Decided January 15, 1863PublishedCited by 18 opinions

This was a bill for divorce, filed by defendant in error against plaintiff in error. The bill alleges that parties were married on 27th of January, 1853 ; that since the marriage, defendant in error was the victim of extreme and repeated cruelty, at the hands of plaintiff in error, for more than two years since said marriage; that for more than two years since said marriage, plaintiff in error was guilty of such cruelty; that cruelty consisted in beating, choking, and…

Read the full summary

This was a bill for divorce, filed by defendant in error against plaintiff in error. The bill alleges that parties were married on 27th of January, 1853 ; that since the marriage, defendant in error was the victim of extreme and repeated cruelty, at the hands of plaintiff in error, for more than two years since said marriage; that for more than two years since said marriage, plaintiff in error was guilty of such cruelty; that cruelty consisted in beating, choking, and pulling hair, in a cruel and inhuman manner; that plaintiff in error was, since said marriage, guilty of adultery and…

1Opinion of the CourtBreese, J.

It sufficiently appears from this record, that the legal residence of the complainant was in Montgomery county, that being the county of her husband’s residence. Her sojourning at the house of her father in Madison county, did. not make that county her domicil—the husband’s domicil is hers.

The amended record shows that process was duly served on the defendant by copy, and by reading the summons to him, as the statute requires. The defendant was therefore in court.

We are to infer from the recitals in the decree, that Eccles was specially appointed by the court to take the testimony in this…

2Cases cited1 opinion

  1. McJunkin v. McJunkinIndiana Supreme Court · 1851

3Cited by18 opinions

  1. Kennedy v. KennedyIllinois Supreme Court · 1877
  2. Strouse v. LeipfSupreme Court of Alabama · 1893
  3. Cooper v. BeersIllinois Supreme Court · 1892
  4. Wilhite v. PearceIllinois Supreme Court · 1868
  5. Amsbaugh v. Exchange Bank of Maquoketa, IowaSupreme Court of Kansas · 1885

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API