Grego v. Grego

Citations

• 78 Miss. 443

Syllabus

<p>1. Chancery Practice. Bill for divorce. Additional relief: Demivrrer.</p> <p>Where a bill for divorce shows good cause therefor, but, in addition, seeks other relief to which, on the face of the bill, complainant is not entitled, a demurrer to the whole bill should be overruled.</p> <p>2. Same. Oral testimony. Recitals of decree. Supreme court.</p> <p>Where a final decree recites that the cause was heard on oral testimony by agreement, and there is no bill of exceptions, the recital is conclusive, and the decree, on appeal in the supreme court, will be presumed to have been warranted by evidence. Cox v. Kyle, 75 Miss., 667, distinguished.</p> <p>3. Same. Divorce. Code 1892, 11571; Ib., 1 1764.</p> <p>Oral testimony, under code 1893, § 1571, so providing, is admissible in divorce eases, without notice or agreement under code 1893, § 1764, providing for such testimony in other cases.</p> <p>4. Life Insurance. Policy payable to guilty wife. Divorce.</p> <p>Where a wife is the beneficiary in an ordinary life insurance policy on the life of her husband, the absolute ownership thereof is in her, and the courts will not divest her of her property therein because she has been guilty of conduct which entitles the husband to a divorce, although the husband paid the premiums.</p> <p>5. Supreme Court Practice.</p> <p>Where the supreme court reversed that part of a decree in a divorce case which erroneously adjudged the guilty wife to have forfeited her interest in a life insurance policy on the life of the husband, it will not remand the cause for an amendment of the pleadings so that a reformation of the policy may be sought, but will, on timely request, frame its judgment so as not to prejudice any right the husband may have to bi-ing an original suit for such relief.</p>