Smith v. Smith

Citations

• 47 Miss. 211

Syllabus

<p>1. Insanity as a cause of divorce. — Prior to the code of 1857, the subject of divorce for insanity of either party was dealt with as at common law. Ward v. Dulaney, 23 Miss. 414. At common law, marriage with an insane person was a nullity, because of inability to assent.</p> <p>2. Same — Mississippi statutes. — By our statutes, (code of 1857, 334, chap. XL. sec. IV. art. 15 ; code of 1871, § 1770), neither insanity nor idiocy of either party at the time of the marriage was a sufficient ground for divorce ; but in addition thereto, the other party must have been at the time of the marriage ignorant of such disability. This, and the provision that the issue of such marriage shall not thereby be bastardized, are the only changes our statute makes in the rule at common law.</p> <p>3. Insanity as it affects the contract of marriage — case at bar. — Occasional spells of insanity before marriage and ultimate permanent insanity several years after-wards, together with evidence of hereditary taint in the family of the defendant, do not warrant a divorce.</p>