Legal Opinion · Dissent

Grady v. Grady

Appellate Court of Illinois

Decided December 28, 1931No. Gen. No. 35,071Published

1DissentJustice MoSurelt

I concur in the holding that the adultery of defendant was proven, and in my opinion complainant should have been granted a divorce.

With due respect to the opinions of authorities in other jurisdictions, I am not convinced that we should depart from the rule frequently stated by the Supreme Court of this State, namely, that cruelty does not constitute a sufficient recriminatory defense to a charge of adultery.' Decker v. Decker, 193 Ill. 285; Stiles v. Stiles, 167 Ill. 576; Bast v. Bast, 82 Ill. 584; Zimmerman v. Zimmerman, 242 Ill. 552. This has been followed by the Appellate Court. Mitchell…

2Cases cited6 opinions

  1. Zimmerman v. ZimmermanIllinois Supreme Court · 1909
  2. Bast v. BastIllinois Supreme Court · 1876
  3. Decker v. DeckerIllinois Supreme Court · 1901
  4. Stiles v. StilesIllinois Supreme Court · 1897
  5. Hughes v. HughesAppellate Court of Illinois · 1907

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