Hamaker v. Hamaker
Illinois Supreme Court
Tete bill shows that complainant is a resident of Cass county, Illinois, and had resided there more than one year next before the filing of the bill; that the parties intermarried on the 13th of January, 1853; that the respondent is incurably insane, and was insane at the date of the marriage.
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Tete bill shows that complainant is a resident of Cass county, Illinois, and had resided there more than one year next before the filing of the bill; that the parties intermarried on the 13th of January, 1853; that the respondent is incurably insane, and was insane at the date of the marriage. That shortly after the marriage, respondent exhibited symptoms of insanity, which soon became settled and confirmed insanity, its manifestations being absent mindedness, and causeless and violent paroxysms of anger and other passions; that for three years next before the marriage, respondent had…
1Opinion of the CourtScates, C. J.
The grounds presented in the bill for a divorce are, insanity at the time of making the marriage contract and the marriage, and confirmed and incurable insanity since.
notwithstanding the eighth section of the act in relation to divorces has conferred a discretionary power upon the courts, if literally understood, yet the court has not so construed it, but confines itself to the common, or canon law and statutory causes. Rev. Stat. 1845, p. 197, Sec. 8 ; Birkby v. Birkby et al., 15 Ill. R. 120; Vignos v. Vignos, id. 186; Harman v. Harman, 16 ibid. 85. The largest extent of that section would…
2Cited by5 opinions
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