Fizette v. Fizette

Citations

• 146 Ill. 328
• 34 N.E. 799

Syllabus

<p>1. Divobce—on ground of cruelty. The cruelty which the statute makes the ground for divorce must be extreme and repeated. -It must be bodily harm, in contradistinction to mere harsh or even opprobrious language or mere mental suffering, and it must be grave, and endanger life or limb, or, at any rate, subject the person to danger of great bodily harm.</p> <p>2. Same—what constitutes cruelty. Mere angry or abusive words, menaces or indignities do not constitute cruelty, within the meaning of the statute. There must be extreme and repeated cruelty, which must consist in physical violence, and a single act of cruelty does not of itself constitute sufficient ground for divorce. There must be acts or threats which may raise a reasonable apprehension of bodily hurt.</p> <p>3. GriET—husband taking title in wife’s name—presumption. A few weeks after his marriage a husband bought real estate, taking the deed in his wife’s name, she contributing $500 to the purchase money and he $1500, and he afterward paid a like sum on the price : Held, that the presumption, in the absence of proof to the contrary, was, that the purchase was intended as a gift to the wife.</p>