Bissekumer v. Bissekumer

Full title: Bernadine Bissekumer, Appellant, v. Roger Bissekumer, Appellee

Court: Appellate Court of Illinois

Date published: Feb 16, 1944

324 Ill. App. 158 (Ill. App. Ct. 1944)

57 N.E.2d 521

Opinion

Gen. No. 9,933. (Abstract of Decision.)

Opinion filed February 16, 1944 Rehearing denied November 20, 1944 Released for publication November 21, 1944

DIVORCE, § 92^_ — when instructions as to extreme and repeated cruelty erroneous. Cruelty constituting ground for divorce means physical acts of violence, bodily harm or suffering, or such acts as endanger life or limb, or such as raise a reasonable apprehension of great bodily harm, and hence instruction was erroneous which told jury that for extreme and repeated cruelty to constitute a ground for divorce, cruelty must be grave and subject person to great bodily harm.

_ See Callaghan's Illinois Digest, same topic and section number.

Appeal from the Circuit Court of Winnebago county; the Hon. WILLIAM R. DUSHER, Judge, presiding. Reversed and remanded. Heard in this court at the October term, 1943.

Wilbur E. Johnson and Hall Hall, for appellant;

Roy E. Hall, of counsel.

Welsh Welsh, for appellee; C.K. Welsh, of counsel.

Opinion by PRESIDINA JUSTICE DOVE.

Not to be published in full. Opinion filed February 16, 1944; rehearing denied November 20, 1944; released for publication November 21, 1944.