Pierce v. Pierce

• Decision Date: 23 September 1916
• Docket Number: 689.
• Citation: 89 S.E. 1045,145 Ga. 886
• Parties: PIERCE v. PIERCE.
• Court: Georgia Supreme Court

89 S.E. 1045

145 Ga. 886

PIERCE v. PIERCE.

No. 689.

Supreme Court of Georgia

September 23, 1916

Syllabus by the Court.

A libel for divorce brought by a husband, based on cruel treatment, is sufficient to withstand a general demurrer, where it alleges that the defendant has at times slapped the face of the libelant, and "would have done other and serious violence to petitioner, had he not held her by reason of his superior physical strength; that the defendant would call petitioner vile names, and that this caused petitioner's peace of mind and nervous system to become greatly impaired and his general health involved, and that to have continued living with the defendant would have been to place petitioner's life in jeopardy; that out of fear of bodily harm, and out of fear for his life, he separated himself from the defendant; * * * and that petitioner had never condoned any of the alleged acts of cruelty of the defendant." Miller v. Miller, 139 Ga. 282, 77 S.E. 21.

Error from Superior Court, Fulton County; J. T. Pendleton, Judge.

Action between S.E. Pierce and J. M. Pierce. There was a judgment for the latter, and the former brings error. Affirmed.

Edgar Latham, of Atlanta, for plaintiff in error.

Nalley & Scott, of Atlanta, for defendant in error.

BECK, J.

Judgment affirmed.

All the Justices concur, except GILBERT, J., not presiding.