Ray v. Ray

• Decision Date: 20 January 1912
• Parties: RAY v. RAY.
• Court: Florida Supreme Court

57 So. 609

63 Fla. 558

RAY v. RAY.

Florida Supreme Court

January 20, 1912

Headnotes Filed March 2, 1912.

Appeal from Circuit Court, Hillsborough County; F. M. Robles, Judge.

Bill in equity by Luella E. Ray against Roland L. Ray. From an order overruling a demurrer to the bill, defendant appeals. Affirmed.

Syllabus by the Court

SYLLABUS

Where a bill for divorce, filed by a wife against her husband alleges acts of violence against the wife and a long-continued course of abuse, accompanied by foul epithets addressed by the husband to her, by means of which her health is affected, her life made a burden, and the performance of marital duties by her made impossible, and states all the jurisdictional facts, a demurrer thereto is properly overruled.

COUNSEL H. P. Bailey, for appellant.

S. T Fletcher, for appellee.

OPINION

HOCKER J.

Luella E. Ray, appellee, filed a bill in the circuit court of Hillsborough county against appellant, her husband, Roland L Ray, praying for a divorce, alimony, etc. After stating the jurisdictional facts of residence, she alleges in substance that she was legally married to appellant on the 11th of September, 1900, and lived with him until 9th of September, 1911, during which time she was an exemplary wife, notwithstanding the appellant shortly after the marriage commenced to indulge in a violent and ungovernable temper, amounting to quarreling, bickering, and fault-finding generally; that he became intemperate and unreasonable, occasionally becoming violent, calling appellee all sorts of names, such as bitch, Indian squaw, seizing her and shoving her against the wall with such force as to give her great pain, making her arms black and blue from bruises which he inflicted; that he refused to allow her to visit her mother, and refused her mother and other relatives permission to visit appellee, and when her mother occasionally visited appellee, appellant cursed and abused her, and referred to her as 'your damned old mammy'; that neither appellee's mother nor other relatives at any time undertook in the slightest degree to interfere with the domestic relations of appellee and appellant; that his abuse was without reason or cause; that appellee, though once strong and unusually healthy, by reason of appellant's constant bickering and quarreling became unhealthy, and life with him became unbearable; that on one occasion a short while ago appellant locked appellee out of the house and refused her admittance without just cause, and appellee was forced to appeal to the police authorities of Tampa for assistance to get into her house; that on another occasion she was forced to appeal to Mr. Gullett, the constable in district No. 20 of Hillsborough county, for protection.

The bill alleges that when appellee married appellant he had nothing; that he was working for Dr. Corrigan by the month that appellee assisted her husband in menial work; that by reason of his irritable disposition he lost his place with Dr. Corrigan, and appellee and appellant then moved to Tampa, where both of them worked--oratrix serving as pantry woman at the Arno Hotel, giving to appellant every penny of her earnings; that subsequently oratrix secured a position as stewardess on several steamship lines plying between Tampa and Havana, thereby earning $800, which she turned over to appellant; that through their joint efforts they procured a lot in the Garrison, and built a home thereon through the Building and Loan Association, where for three years oratrix kept from five to seven boarders, doing all the work herself, and turning over to appellant all the receipts; that the arduous work for three years, coupled with the constant bickering, quarreling, and fault-finding of appellant, resulted in a complete physical breakdown of appellee. Whereupon appellant and appellee bought a small place at Palmetto Beach, where they have since lived, renting the home on...