Legal Opinion

Grego v. Grego

Mississippi Supreme Court

Decided October 15, 1900PublishedCited by 12 opinions

From the chancery court of Washington county. Hon. A. Mo. Kimbrough, Chancellor. Vincent Grego, the appellee, was the complainant and Mary Grego, the appellant, was defendant in the court below. By his bill of complaint Vincent sought a divorce from his wife, Mary, charging her with desertion and cruel and inhuman treatment.

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From the chancery court of Washington county. Hon. A. Mo. Kimbrough, Chancellor. Vincent Grego, the appellee, was the complainant and Mary Grego, the appellant, was defendant in the court below. By his bill of complaint Vincent sought a divorce from his wife, Mary, charging her with desertion and cruel and inhuman treatment. The bill further averred that, some years before, the complainant had insured his life in the Mutual Life Insurance Company of New York, for $1,000, taking the policy in favor of defendant, whom he caused to be made the beneficiary therein; that the insurance company…

1Opinion of the CourtWhitfield, C. J.

The demurrer, being to the whole bill, was properly overruled, since it was a good bill for divorce. The decree recites *445expressly that the oral proof was taken by agreement, and there is no bill of exceptions. This recital is conclusive, and makes the case of Cox v. Kyle, 75 Miss., 667, s.c. 23 South., 518, inapplicable. Besides, under sec. 1571, code 1892, oral testimony is always proper in divorce cases, and as to that feature of this case no notice or agreement was necessary, under § 1764. The decree as to the divorce is affirmed.

It was, however, manifest error to award the policy to the…

2Cases cited5 opinions

  1. Central Bank of Washington v. HumeSupreme Court of the United States · 1888
  2. Tyler v. Odd Fellows' Mutual Relief Ass'nMassachusetts Supreme Judicial Court · 1887
  3. Schonfield v. TurnerCourt of Appeals of Texas · 1889
  4. Cox v. KyleMississippi Supreme Court · 1898
  5. Jackson Bank v. WilliamsMississippi Supreme Court · 1899

3Cited by12 opinions

  1. Rubisoff v. RubisoffMississippi Supreme Court · 1961
  2. Mutual Life Ins. Co. of New York v. BufordSupreme Court of Oklahoma · 1916
  3. Retzer v. RetzerMississippi Supreme Court · 1990
  4. Mahaffey, Guardian v. First Natl. BankMississippi Supreme Court · 1957
  5. Lamar Life Ins. v. MoodyMississippi Supreme Court · 1920

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