Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

RAYMOND D. BAILEY, petitioner-respondent, v. MAY BAILEY,defendant-appellant.

1. Held, that there was both inclination and opportunity for the defendant wife to commit adultery with her former husband and that at the time she lived in the same house with him, and during the events leading up to her return to him, she was mentally responsible for her conduct.

2. There is no proof in this case that at the time when the alleged adultery occurred she was so bereft of her reason that she was unable to distinguish the nature of her conduct. Her nervousness and hysteria were the result of that conduct, rather than vice versa.

3. Nothing short of insanity so pronounced that the defendant is unable to appreciate the nature of her conduct, will suffice to excuse adultery.

PER CURIAM.

The decree appealed from will be affirmed, for the reasons expressed in the opinion of Advisory Master Grosman, delivered in the court of chancery.

For affirmance — THE CHIEF-JUSTICE, TRENCHARD, PARKER, LLOYD, CASE, BODINE, HEHER, PERSKIE, VAN BUSKIRK, KAYS, HETFIELD, DEAR, WELLS, DILL, JJ. 14.

For reversal — None.

Use AI to get other relevant cases.

Comments

BAILEY v. BAILEY
(Apr 12, 1934)