Dower: Right to Dower: Divorce: Interlocutory Decree
1910
Michigan law review
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... ntent at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact support@jstor.org. RECENT IMPORTANT DECISIONS 243 treme cruelty, for the single act of the wife. MacDonald v. MacDonald (1909), -Cal. -, Io2 Pac. 927. At common law it was held that divorce will not be granted for mere mental pain "because the court has no scale of sensibilities by which it can gauge the quantum of the injury done and felt." Lord STowELI. in Evans v. Evans, I Hag. Con. 35, 4 Eng. Ec. 3Io, 311. ?94 of Civ. Code abrogates this common law rule but does not expressly state that a single act shall be considered as inflicting grievous suffering. To the effect that a single act is not sufficient ground for divorce:-Hoshall v. Hoshall, 5I Md. 72, 34 Am. Rep. 298; Doyle v. Doyle, 26 Mo. 545; Richards v. Richards, 37 Pa. St. (I Wright) 225; Lloyd v. Lloyd, 2 Woodw. Dec. 481. These decisions are based in part on the ground that the marriage relation is too sacred to be lightly disturbed, and a single act is not such a disturbance as will warrant the conclusion that the parties cannot live together in the matrimonial relation. False charges of conjugal misconduct are a cause for divorce. Pinkard v. Pinkard, 14 Tex. 356, 65 Am. Dec. 129; Bahn v. Bahn, 62 Tex. 518, 50 Am. Rep. 539; Straus v. Straus, 67 Hun 491, 22 N. Y. Supp. 567; Wagner v. Wagner, 36 Minn. 239, 30 N. W. 766. The main case seems to reach the limit of the court's discretion in granting a divorce for extreme cruelty. DOWER-RIGHT TO DOWER-DIVORC--INTERLOCUTORY DECREE.-Plaintiff and
doi:10.2307/1273439
fatcat:3k3wtmahazdsbcmowq7tgzg34q