Nichols v. Nichols
Supreme Court of Vermont
Libel for divorce from the bonds of matrimony. The cause for divorce was the alleged adultery of the libellee. The libellee, by her guardian ad litem, resisted the libel on the ground that she was insane at the time of the commission of the adulterous acts charged.
Read the full summary
Libel for divorce from the bonds of matrimony. The cause for divorce was the alleged adultery of the libellee. The libellee, by her guardian ad litem, resisted the libel on the ground that she was insane at the time of the commission of the adulterous acts charged. That insanity is no bar to a petition for djvorce for adultery, has been decided in Pennsylvania; Matchin v. Matchin, 6 Barr 332; and the condition of the law is stated in Bishop on Divorce, sec. 421. 1. Matchin v. Matchin is sustained in its reasoning by all the authorities that can be consulted. The procreating of children that…
1Opinion of the Court
Redfield, Ch. J.
This is a libel for divorce a vinculo, for the adultery of the wife. The defence was that she was insane *331at the time. The court sire satisfied of the facte alleged, both in support and defence of the libel, and are not satisfied that the act complained of was done in a lucid interval.
The court held that general insanity is a full defence for all acts which by the statute are grounds of granting divorce. In regard to severity and desertion, there could be no question. There is wanting the consenting will, which is indispensable to' give the acts the quality, either of severity…
2Cited by12 opinions
- Manley v. ManleySuperior Court of Pennsylvania · 1960
- Walker v. WalkerMississippi Supreme Court · 1925
- Storrs v. StorrsSupreme Court of New Hampshire · 1894
- Blandy v. BlandyDistrict of Columbia Court of Appeals · 1902
- Koslow v. TaylorSupreme Court of Missouri · 1947
7 more not listed; retrieve them via the Exa API.