Thomas v. Thomas

Citations

• 51 Ill. 162

Syllabus

<p>1. Divobce—desertion—how long. The statute requires that desertion shall continue, without cause, for the space of two years, before a divorce can be obtained in this State for that cause, and courts have no power to prescribe a shorter period.</p> <p>2. Same—allowance of—not a matter of discretion. The statute does not confer upon the courts an unlimited discretion to grant divorces whenever they may deem it expedient or advisable. Their power to act is derived solely from the statute, and. they must conform strictly to its requirements.</p> <p>3. Same—adultery—what not considered sufficient proof of—to amllwrize a decree of divorce. In a suit for a divorce on the ground of adultery, the evidence simply showed, that the defendant frequently left her home in the absence of her husband, who was a trader, and would be absent several days at a time, and that her reputation for chastity was bad: Held, that this proof failed to establish the charge.</p> <p>4 Same—what proof must be. In that, as in all other charges, it must be proved by direct or circumstantial evidence, and not on mere suspicion, or even on bad reputation.</p> <p>5. Larceny—what will not be held to be—husband or wife converting the property of the other. The act of 1861, known as the “ Married Woman’s law,” has not so far destroyed the relation of husband and wife as to render either guilty of larceny by converting the property of the other.</p> <p>6. Divorce—larceny—where there has been no conviction. It is no groundc for a divorce, within the statute, that a party has committed a larceny, where no conviction has been had.</p> <p>7. The statute declares, that, to be a cause of divorce, the party must be convicted of felony, or other infamous crime.</p> <p>8. And a court has no authority to convict a defendant, ex parte upon a default, of a felony or infamous crime, and then make such conviction the basis of a decree of divorce.</p>