17 D.C. 544 (D.C.D.C. 1888), 10,082, Densmore v. Densmore

Docket Nº:In Equity. 10,082.
Citation:17 D.C. 544
Opinion Judge:MR. CHIEF JUSTICE BINGHAM:
Party Name:EDSON S. DENSMORE v. EMMA A. DENSMORE.
Attorney:MR. A. H. JACKSON, for complainant. MR. E. B. HAY, for defendant.
Case Date:October 08, 1888
Court:Supreme Court of District of Columbia
 
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Page 544

17 D.C. 544 (D.C.D.C. 1888)

EDSON S. DENSMORE

v.

EMMA A. DENSMORE.

In Equity. No. 10,082.

Supreme Court, District of Columbia.

October 8, 1888

Where the facts set out in a petition for divorce a vinculo show a case of ill temper and gross neglect of duty on the part of the wife, not in itself amounting to cruelty, endangering the health and life of the party complaining, the Court will dismiss the petition without examining the testimony taken in support of the case.

This was a suit for divorce a vinculo . The case, which was heard on petition, answer and proofs, is stated in the opinion.

MR. A. H. JACKSON, for complainant.

MR. E. B. HAY, for defendant.

OPINION

MR. CHIEF JUSTICE BINGHAM:

The petitioner brings this suit for a divorce. After the formal averments of marriage, and that the plaintiff has been faithful in the discharge of his duties as husband, there is an attempted allegation in the bill of facts claimed to amount to cruelty, endangering the health and life of the complainant. An examination of these charges and facts, as stated in the petition, it seems to us, does not warrant the conclusion of the bill. In paragraph 5 he states as follows:

" And he further says that, notwithstanding his anxious and strenuous efforts to provide and have a home for himself and family, he has no home, because the said Emma A. Densmore takes neither interest or care of, or in any matter concerning him or what concerns their mutual welfare; but, on the contrary, opposes every and all efforts the affiant makes to advance the interest of the family; that when he returns from his daily or nightly vocation, as the case may be, tired and worn, there is neither rest or sympathy for him; and that often during the past few years he has been compelled, in order to obtain the rest and repose demanded by nature, to sleep and eat away from his home; that she, the said Emma, is a constant growler, a chronic complainer, and seems to be delighted when she can do and say things in the presence of others to wound and mortify his feelings, and is never apparently so happy as when she has an opportunity to humiliate this affiant in the presence of his children or others; and that she is a constant gossip and termagant, and is often guilty of the most indiscreet conduct, so much so as to excite remark, and allows no opportunity to pass where or when she can do an...

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