Davis v. Davis
Illinois Supreme Court
ERROR TO EULTON. The defendant in error filed lier bill in chancery in the Eulton Circuit Court, on the 22nd of August, 1854, praying for a divorce and alimony from the plaintiff in error, and the custody of the children of the parties.
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ERROR TO EULTON. The defendant in error filed lier bill in chancery in the Eulton Circuit Court, on the 22nd of August, 1854, praying for a divorce and alimony from the plaintiff in error, and the custody of the children of the parties. The bill shows that the parties were married in the year 1840, in the State of Michigan; that they resided for several years in Chicago, and cohabited until April, 1853, when the defendant in error left her husband on account of and when she discovered that her husband had been guilty of adultery, since which time she lived separate from him, in Eulton county.…
1Opinion of the CourtBreese, J.
The cause of divorce, as alleged in the complainant’s bill, is the adultery of the husband. In his answer, he does not deny the charge, but insists that complainant, being fully aware of his transgression, continued to cohabit with him, whereby the offense was condoned — forgiven.
It is a well settled principle, if the injured party, subsequent to the adultery, cohabits with the other, after a knowledge of the fact, and with the ability to prove it, it is in judgment of law, a remission of the offense and a bar to a divorce. Con-donation has always been held a good bar.
It is not, however, so…
2Cited by11 opinions
- Fisher v. FisherCourt of Appeals of Maryland · 1901
- Farnham v. FarnhamIllinois Supreme Court · 1874
- Uhlmann v. UhlmannNew York Court of Common Pleas · 1885
- Schwab v. SchwabCourt of Appeals of Maryland · 1903
- Deenis v. DeenisIllinois Supreme Court · 1875
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