Pinnebad v. Pinnebad
| Decision Date | 11 May 1910 |
| Citation | 68 S.E. 73,134 Ga. 496 |
| Parties | PINNEBAD v. PINNEBAD. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
That a wife brings suit against her husband and recovers judgment against him for a debt due to her, and that after separation she sues him for temporary alimony and obtains a judgment in such action, does not constitute cruel treatment, or furnish to the husband any basis for a suit for divorce.
Mere proof that a wife declined to cohabit with her husband will not authorize the grant of a divorce to him on the ground of cruel treatment.
Considering willful and persistent denial by a wife of the conjugal rights of her husband, without justification, and with the intention of casting him off as a husband completely and forever, as constituting desertion, although she continue to reside in the matrimonial domicile, under section 2426 of the Civil Code of 1895, such desertion must continue for three years in order to furnish a ground for a suit for divorce. Whitfield v. Whitfield, 89 Ga. 471, 15 S.E. 543.
Under the rulings in Ring v. Ring, 118 Ga. 183, 44 S.E. 861, 62 L.R.A. 878, Brown v. Brown, 129 Ga. 247, 58 S.E. 825, and Stoner v. Stoner (April 18, 1910) 67 S.E. 1030, the evidence failed to show a case of cruel treatment which authorized the grant of a divorce on that ground; and the evidence of the plaintiff showed that there had been no desertion willfully and continuously persisted in for three years before the bringing of the suit. The verdict finding a total divorce for the plaintiff was therefore unauthorized by the evidence.
Error from Superior Court, Glynn County; T. A. Parker, Judge.
Action by Vincent Pinnebad against E. J. Pinnebad. Judgment for plaintiff, and defendant brings error. Reversed.
Ernest Dart, for plaintiff in error.
Crovatt & Whitfield, for defendant in error.
Judgment reversed. All the Justices concur, except ATKINSON, J., disqualified.
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Westberry v. Westberry, 8057.
...and does not render the petition subject to general demurrer. See Whitfield v. Whitfield, 89 Ga. 471, 15 S. E. 543; Pinnebad v. Pinnebad, 134 Ga. 496 (3), 68 S. E. 73; Wilkinson v. Wilkinson, 159 Ga. 332, 125 S. E. 856. 2. The allegations as to cruel treatment by the husband were sufficient......
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Ross v. Ross
... ... her husband will not authorize the grant of a divorce to him ... on the ground of cruel treatment. Pinnebad v ... Pinnebad, 134 Ga. 496, 68 ... ...
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Duncan v. Duncan
... ... See, also, as bearing upon this ... question, Whitfield v. Whitfield, ... [192 S.E. 217.] ... 89 Ga. 471, 472, 15 S.E. 543, Pinnebad v. Pinnebad, ... 134 Ga. 496(3), 68 S.E. 73, and Wilkinson v ... Wilkinson, 159 Ga. 332, 334, 125 S.E. 856, where it was ... held that a ... ...