Peipho v. Peipho
Illinois Supreme Court
Appeal from the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. This was a bill for divorce, filed by the appellant, against the appellee.
Read the full summary
Appeal from the Circuit Court of Hancock county; the Hon. Joseph Sibley, Judge, presiding. This was a bill for divorce, filed by the appellant, against the appellee. The bill alleges the marriage of the parties on May 2, 1863, while complainant was in the military service of the United States, and that immediately after the marriage he re-joined his regiment, where he remained until his discharge, in 1864, when he returned home and lived with the defendant until some time in the month of January, 1872, when she became insane, and was sent to the insane hospital in Jacksonville, where she had…
1Opinion of the Court
Per Curiam :
Appellant seeks a divorce for impotency. The circuit court sustained a demurrer to the bill. Taking all the allegations of the bill as true, we agree with the circuit court in holding that appellant is not entitled to the relief sought.
The allegations in a bill, like allegations in other pleadings, where they are in any degree equivocal, must be taken in the sense most unfavorable to the party whose pleading is the subject of construction.
Testing the allegations of this bill by this rule, it fails to show that the malformation complained of is such as necessarily to constitute…
2Cited by8 opinions
- Reed v. ReedMichigan Supreme Court · 1883
- VanSant v. RoseIllinois Supreme Court · 1913
- Kirschbaum v. KirschbaumNew Jersey Court of Chancery · 1920
- Brecker v. BreckerWest Virginia Supreme Court · 1940
- Simpson v. WrightAppellate Court of Illinois · 1886
3 more not listed; retrieve them via the Exa API.