England v. England

• Citation: 96 S.E. 174,148 Ga. 159
• Decision Date: 13 June 1918
• Docket Number: 708.
• Parties: ENGLAND v. ENGLAND.
• Court: Georgia Supreme Court

96 S.E. 174

148 Ga. 159

ENGLAND v. ENGLAND.

No. 708.

Supreme Court of Georgia

June 13, 1918

Syllabus by the Court.

It has been held by this court that "cruel treatment" within the meaning of Civil Code 1895, § 2427, which provides that such treatment shall be ground of divorce, is the willful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies an apprehension of danger to life, limb, or health. Stoner v. Stoner, 134 Ga. 368, 67 S.E. 1030, and citations. The evidence submitted by the plaintiff in this case relied on to support the ground of cruel treatment alleged in the petition does not show such cruelty as measures up to the definition above stated, and there was no error in granting a nonsuit.

Error from Superior Court, Whitfield County; M. C. Tarver, Judge.

Suit for divorce by Mrs. L. A. England against C. E. England. From a judgment of nonsuit, plaintiff brings error. Affirmed.

Wm. E. Mann, of Dalton, for plaintiff in error.

Geo. G. Glenn and Ralph H. House, both of Dalton, for defendant in error.

ATKINSON, J.

Judgment affirmed.

All the Justices concur.