Peipho v. Peipho

Citations

• 88 Ill. 438

Syllabus

<p>1. Pleading—construed most strongly against the pleader. The allegations in a bill, like those in any other pleading, when they are in any degree equivocal, must be taken in the sense most unfavorable to the party whose pleading is the, subject of construction.</p> <p>2. Same—hill for divorce. So, upon bill filed by the husband for divorce on the ground of the alleged impotency of the wife, alleging that the wife was an hermaphrodite, and when sexually excited no male could have sexual intercourse with her, and charged that so the defendant was naturally impotent at the time of the marriage, and so continued: Held, upon demurrer, the bill failed to show the malformation complained of was such as necessarily to constitute impotency!</p> <p>3. Divorce—impotency—acquiescence. Where the complainant, in such case, sought a divorce thirteen years after the marriage, and for near eight years had cohabited with the defendant, with full knowledge and without complaint as to impotency, it was held, that in absence of strong rebutting facts he must be taken to have accepted the situation, and could not be heard to complain. Mere motives of delicacy are not a sufficient explanation of such long continued acquiescence.</p>