Legal Opinion

Marks v. Marks

Supreme Court of Minnesota

Decided January 19, 1894No. 8559PublishedCited by 6 opinions

Appeal by plaintiff, Emma H. Marks, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made October 14, 1893, denying her motion for a new trial of her suit for divorce a vinculo for cruel and inhuman treatment.

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Appeal by plaintiff, Emma H. Marks, from an order of the District Court of Hennepin County, Henry G. Hicks, J., made October 14, 1893, denying her motion for a new trial of her suit for divorce a vinculo for cruel and inhuman treatment. Mere, personal indignities, such as rudeness, unmerited reproach, contempt, studied negligence, open insult, and other manifestations of settled hate, when habitual, continuous, causing extreme and undeserved suffering, constitute legal cruelty, without being accompanied with overt bodily harm actual or threatened. Freeman v. Freeman, 31 Wis. 235; Whitmore v.…

1Opinion of the CourtCanty, J.

This is an action for divorce on the ground of cruel and inhuman treatment. The complaint alleges at great length that, during the eleven years of married life in which the parties lived together, the defendant did constantly worry, annoy, and subject her to personal indignity, and did daily, by a systematic course of ill treatment, abuse her, use unkind language towards her, and find fault with her; that he was in the habit of berating her for hours at a time, and often after they retired, until the small hours of the morning, thereby depriving her of sleep, rest, peace, and quiet. It also…

2Cited by6 opinions

  1. Williams v. WilliamsSupreme Court of Minnesota · 1907
  2. Quient v. QuientWashington Supreme Court · 1919
  3. Faris v. FarisNebraska Supreme Court · 1921
  4. Marks v. MarksSupreme Court of Minnesota · 1895
  5. Olson v. OlsonSupreme Court of Minnesota · 1952

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