Mattox v. Mattox
Ohio Supreme Court
This case came before Judges Hitchcock and Burnet, at the May Term, 1826, in the county of Adams. The principal charge relied on in the bill was the adultery of the husband, which was very satisfactorily proved; but on cross-examining the witnesses it appeared that the complainant was living and cohabiting with another man, who had deserted his wife, and that she had had a child by him.
1Opinion of the Court
By the Court :
The bill must be dismissed. It would, be a libel on the legislature to suppose that the statute was designed for the convenience of that class of characters to which these parties seem to belong. It was intended for the relief of injured innocence; not to encourage persons of loose morals, or rather of no morals at all, to live in the open, scandalous violation of the common rules of decency.
This application is to the equitable jurisdiction of the court, and must be decided by the principles which prevail in courts of equity. The complainant must come *with clean hands and a…
2Cited by8 opinions
- Games v. Stiles Ex Dem. DunnSupreme Court of the United States · 1840
- O'Connor v. O'ConnorIndiana Supreme Court · 1969
- Smith v. SmithCourt of Appeals of Kentucky · 1918
- Jones v. JonesCourt of Appeals of Texas · 1943
- Eikenbury v. EikenburyIndiana Court of Appeals · 1904
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