McClenahan v. McClenahan
Superior Court of Delaware
Action for Divorce on the ground of extreme cruelty, the character of which, without any alleged acts of violence, is set out in the petition, filed by the plaintiff and quoted in the opinion of the court.
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Action for Divorce on the ground of extreme cruelty, the character of which, without any alleged acts of violence, is set out in the petition, filed by the plaintiff and quoted in the opinion of the court. The question presented was whether a divorce can be decreed for extreme cruelty, based on the ground that the husband was guilty of dishonesty and fraud towards his creditors by issuing to them worthless checks, and of making false representations to his wife as to his debts, causing his wife great physical and mental suffering in consequence of such acts.
1Opinion of the CourtPennewill, C. J.
delivering the opinion of the court:
The plaintiff in the above stated case preferred her petition to this court praying for a divorce from her husband on the ground of extreme cruelty. The acts complained of and relied upon to establish extreme cruelty consisted of a course of conduct on the part of the defendant covering five years of their married life, and are fully and clearly set out in said petition as follows:
“That during the cohabitation which followed the said marriage upon divers occasions between the said twenty-eighth day of June, A. D. 1905, and the first day of April, A. D.…
2Cases cited4 opinions
- Carpenter v. CarpenterSupreme Court of Kansas · 1883
- Fleming v. FlemingCalifornia Supreme Court · 1892
- Craig v. CraigSupreme Court of Iowa · 1905
- Robinson v. RobinsonSupreme Court of New Hampshire · 1891
3Cited by9 opinions
- Ainscow v. AlexanderOrphan's Court of Delaware · 1944
- Bill v. BillSupreme Court of Iowa · 1916
- X. v. X.Superior Court of Delaware · 1946
- Cannon v. CannonSuperior Court of Delaware · 1951
- Jackson v. JacksonSupreme Court of Delaware · 1962
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