Berdell v. Berdell

Citations

• 80 Ill. 604

Syllabus

<p>1. Divorce—competency of evidence to show cruelty. The testimony of neighbors, on the trial of a'divorce suit brought by a wife for extreme and repeated cruelty, that on several occasions they discovered bruises and marks of violence on her person, after she claimed to have received blows from her husband, while not as satisfactory as if they had seen the blows given, is competent evidence in confirmation of the testimony of the complainant.</p> <p>2. Same—proof of chm-acter of party. On bill for divorce by a wife for cruelty and desertion, where the defendant introduces evidence on the trial, of specific acts of the complainant, tending to reflect upon her character for sobriety, and modest, peaceable behavior, she will not have the right to rebut such evidence by proof of her general good character in the neighborhood where she resided.</p> <p>3. Evidence—of character, when admissible. The general rule as to the admissibility of evidence of moral character and conduct of a person in society, confines such proof to three classes, viz: 1, to afford a presumption that a particular party has or has not been guilty of a criminal act; 2, to affect the damages in particular cases, where their amount depends upon the character and conduct of any individual; and 3, to impeach or confirm the veracity of a witness.</p> <p>4. Practice in Supreme Court—what errors will reverse. It is only such error as works an injury to the party complaining-, that will he ground of reversal. The admission of'immaterial evidence of no intrinsic strength or weight is not such an error.</p>