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35 Ohio App. 408

172 N.E 451

8 OhioLaw.Abs. 166

Heim v. Heim

Ohio Court of Appeals

Decided February 3, 1930

Ohio Court of Appeals · decided 1930-02-03

Good law ✅— No negative treatment on recordhow we know

Decided 1930-02-03

How this case has been cited

Cited by 7 later decisions — most recently May 1961

5 state decisions

301930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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RICHARDS, J.

¶1 The case seems to have been tried on the theory that she was responsible for her acts until the time she was committed to the asylum and not that she was relieved from responsibility from the time she became insane. This court can not assent to that view. The extreme cruelty, which is a ground for divorce, means voluntary or intentional extreme cruelty and can not be committed by a lunatic who does not understand the nature of her acts. Divorce may,' it is true, be granted as against an insane person, but only for acts committed while sane. Insanity is not a ground for divorce. The ten" causes for which divorce may be granted under the Ohio statute are as explicit as the Ten Commandments and can be changed by the legislature only.

¶2 The great weight of the evidence shows that the acts committed by her, of which complaint is made, were committed while she was insane and did not understand what she was doing, and they do not, therefore, constitute a cause for which divorce may be granted.

¶3 The judgment is manifestly against the weight of the evidence.

Williams and Lloyd, JJ., concur.
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