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Embree v. Embree

Citations

  • 53 Ill. 394

Syllabus

<p>1. Divorce—-for cruelty. A single act of cruelty does not constitute sufficient ground for a divorce. There must be extreme and repeated cruelty, which must consist, in physical violence, and not merely in angry or abusive epithets, or even profane language, to authorize a divorce in this State. Mere angry or abusive words, menaces or indignities, do not constitute cruelty, within the meaning of our statute.</p> <p>3. Same—-for desertion. Desertion, to be a cause for divorce, must be willful, and continue for two years. Mor is the case altered, where the bill is prematurely filed, by filing a supplemental bill, alleging two years’ desertion, when the two years includes any portion of the time which has elapsed after the filing of the original bill. A hearing can only be had on the grounds which exist when the suit is commenced, and subsequent grounds can not be incorporated into the case after the commencement of proceedings.</p>

Judges: Walker

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