Anglin v. Anglin

Decision Date09 June 1953
Docket NumberNo. 18205,18205
Citation76 S.E.2d 498,209 Ga. 823
PartiesANGLIN v. ANGLIN.
CourtGeorgia Supreme Court

Barrett & Hayes and Otis C. Bell, Atlanta, for plaintiff in error.

O. C. Hancock, D. W. Rolader and Robt. C. Dell, Jr., Atlanta, for defendant in error.

Syllabus Opinion by the Court.

WYATT, Justice.

1. Where, as in this case, the petition for divorce based upon the grounds of cruel treatment contained the following allegations: 'That during their entire married life, petitioner performed all the duties devolving upon her as a faithful and affectionate wife; notwithstanding this fact, said defendant has treated her in a cruel and inhumane manner and made it impossible for her to continue her cohabitation with him, in that he has constantly nagged at her, both morning and evening, for the past several months, and that about two weeks ago, the exact date petitioner does not know, he without any cause whatsoever, choked and struck petitioner with a large boiler and abused her most severely at that time. That since that time and up to the date of separation, he has nagged her constantly and made it impossible for her to continue her cohabitation with him, as aforesaid set forth'--it was not error to overrule the general demurrer to the petition. See Wilkinson v. Wilkinson, 159 Ga. 332, 125 S.E. 856; Pierce v. Pierce, 145 Ga. 886, 89 S.E. 1045; and Miller v. Miller, 139 Ga. 282, 77 S.E. 21.

2. The assignments of error based upon the rulings on the special demurrer not having been argued in this court, will be treated as abandoned.

Judgment affirmed.

All the Justices concur, except ATKINSON, P. J., not participating.

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6 cases
  • Davis v. Homer Lumber Co.
    • United States
    • Georgia Supreme Court
    • October 14, 1954
    ...of error based upon rulings on special demurrer, not having been argued in this court, will be treated as abandoned. Anglin v. Anglin, 209 Ga. 823(2), 76 S.E.2d 498. 5. Applying the above principles to the pleadings in the present case, the trial court did not err in overruling the demurrer......
  • Hardy v. Hardy
    • United States
    • Georgia Supreme Court
    • July 14, 1965
    ...constant nagging and false accusations can amount to cruel treatment. Hirsch v. Hirsch, 217 Ga. 590(1), 123 S.E.2d 915; Anglin v. Anglin, 209 Ga. 823(1), 76 S.E.2d 498; Wilkinson v. Wilkinson, 159 Ga. 332(2), 125 S.E. 856; Miller v. Miller, 139 Ga. 282(1), 77 S.E. 21. Following the rule sta......
  • Teasley v. Jones, 20467
    • United States
    • Georgia Supreme Court
    • June 5, 1959
    ...of demurrer to various paragraphs of the petition, not having been argued in this court, will be treated as abandoned. Anglin v. Anglin, 209 Ga. 823(2), 76 S.E.2d 498; Davis v. Homer Lumber Co., 211 Ga. 144 (4), 84 S.E.2d Judgment affirmed. All the Justices concur. ...
  • Whiteway Neon-Ad. v. Maddox
    • United States
    • Georgia Supreme Court
    • September 14, 1954
    ...in this court, will be treated as abandoned. See in this connection, Roseman v. Wright, 209 Ga. 748(1), 76 S.E.2d 7; Anglin v. Anglin, 209 Ga. 823(2), 76 S.E.2d 498. Applying the above stated legal principles to the pleadings under consideration, the trial court did not err in sustaining th......
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