A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
[227] Act of Jan. 29, 1862: _Laws_ (1861-62), 246.
[228] Act of Dec. 1, 1863: _Laws_ (1862-63), 125, 126.
[229] Act of Feb. 21, 1867: _Laws_ (1866-67), 387.
[230] _Rev. Code_ (1858), 334.
[231] By the _Rev. Code_ (1871): see WRIGHT, _Report_, 154; and
WILLCOX, _The Divorce Problem_, 52.
By the present code of Mississippi, therefore, limited divorce is
not authorized. But courts having chancery jurisdiction may decree
entire release from the marriage bond to the injured person (1) for
natural impotency; (2) adultery, except by collusion or where there
is cohabitation after knowledge of the offense; (3) sentence to the
penitentiary when there is no pardon before imprisonment begins;
(4) wilful continued, and obstinate desertion for two years; (5)
habitual drunkenness; (6) "habitual and excessive use of opium,
morphine, or other like drug;" (7) habitual cruel and inhuman
treatment;[232] (8) insanity or idiocy at the time of the marriage,
if the party complaining did not then know of the infirmity; (9)
previous marriage with some other person; (10) pregnancy of the
wife by another man at the time of the marriage, the husband being
ignorant of the fact; (11) intermarriage within the degrees of
kindred prohibited by law.[233]
[232] For interpretation of "cruel treatment" see Johns _v._
Johns, 57 _Miss._, 530.
[233] _Ann. Code of Miss._ (1892), 419, 420.
The first statute defining the grounds of divorce for Missouri
was approved in 1807 by the legislature of Louisiana Territory.
Either a full or a partial divorce was then authorized when either
person (1) is naturally impotent; (2) has entered into the marriage
in violation of a "previous vow;" (3) has committed adultery; or
(4) has been guilty of wilful and malicious desertion, without a
reasonable cause, for four years. The general court may likewise
grant the wife a separation from bed and board when the husband
shall either abandon his family or turn her "out of doors, or by
cruel and barbarous treatment endanger her life, or offer such
indignities to her person as to render her condition intolerable
and thereby force her to withdraw from his house or family."[234]
This law remained in force until 1833, when "extreme cruelty" and
conviction of an "infamous crime" were added as causes warranting
either the husband or wife to petition for absolute divorce.[235]
The number is raised to seven by the revision of 1835, which is
silent as to partial divorce; for "indignities" to the person of
either such as already described are now made a legal ground for
entire dissolution of marriage.[236] Vagrancy[237] of the husband
and habitual drunkenness of either for the space of two years came
next in 1845; and four years thereafter the introduction of two more
causes completed the full quota of eleven grounds on which total
divorce is still allowed by Missouri law. The act of 1849 authorizes
a divorce to the man when the woman at the time of the marriage, or
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