Henderson v. Henderson
Illinois Supreme Court
Appeal from the Circuit Court of Cumberland county; the Hon. J. C. Allen, Judge, presiding. This was a bill for divorce, filed by the appellee against the appellant. The third and sixth instructions, referred to in the opinion, are as follows: “3. Personal cruelty may consist in other wrongs than mere physical violence, and may be by any means that tend . to render the life of the person wretched and miserable.”
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Appeal from the Circuit Court of Cumberland county; the Hon. J. C. Allen, Judge, presiding. This was a bill for divorce, filed by the appellee against the appellant. The third and sixth instructions, referred to in the opinion, are as follows: “3. Personal cruelty may consist in other wrongs than mere physical violence, and may be by any means that tend . to render the life of the person wretched and miserable.” “6. The court instructs the jury, that the only duty of the jury in this case is, to find, by a preponderance of proof, that the complainant, Mrs. Henderson, is entitled to a…
1Opinion of the CourtJustice Walker
This was a proceeding, in the Cumberland circuit court, by appellee, to obtain a divorce. The ground relied on is, extreme and repeated cruelty. The case was tried by the court and a jury, resulting in a verdict in favor of complainant, and a decree granting the divorce and alimony was rendered, from which defendant appeals and asks a reversal.
The evidence is very slight, if there is any, showing physical violence. Appellee testified that appellant kicked her some ten years before the trial. She says they were in bed, and he kicked her because, as he said, she put her cold feet to his, but he…
2Cases cited1 opinion
- Vignos v. VignosIllinois Supreme Court · 1853
3Cited by12 opinions
- Fritz v. FritzIllinois Supreme Court · 1891
- Trenchard v. TrenchardIllinois Supreme Court · 1910
- La Porte v. WallaceAppellate Court of Illinois · 1900
- Miller v. AhrbeckerIllinois Supreme Court · 1926
- Williams v. WilliamsColorado Court of Appeals · 1892
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