Stoner v. Stoner
| Decision Date | 18 April 1910 |
| Citation | 67 S.E. 1030,134 Ga. 368 |
| Parties | STONER v. STONER. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
It was held by this court in Ring v. Ring, 118 Ga. 183, 44 S.E. 861, 62 L.R.A. 878, that "cruel treatment," within the meaning of Civ. Code, § 2427, which provides that such treatment shall be a ground for 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. Brown v. Brown, 129 Ga. 246, 58 S.E. 825.
In the case at bar, the evidence showed some petulance, rudeness, and occasional sallies of passion, but not such cruelty as measures up to the definition above stated. The only specific acts of misconduct during sickness were shown to have occurred three or four years before the suit was brought, and the parties continued to live together thereafter as husband and wife until the day on which the suit was brought. Brown v. Brown, supra.
For a husband to sell his property and prepare to leave his wife unprovided for does not constitute such conduct as to revive condoned acts of cruelty, if any existed three or four years previously.
Where prayers for temporary and permanent alimony are not based on the ground that parties are living in a bona fide state of separation, but are incidental to a suit for divorce, on failure to make out a prima facie case a nonsuit will be awarded; and when this is done it carries with it the prayers for alimony.
If one verdict in a divorce case was rendered in favor of the plaintiff, this would not affect the rulings above stated, where a total divorce was sought, and the case came on for a trial in the effort to obtain the second verdict necessary under the statute.
A request to require additional portions of the record to be transmitted to this court, when they could not affect the case and are not material to its adjudication, will be denied.
Error from Superior Court, Ben Hill County; U. V. Whipple, Judge.
Action by Florence P. Stoner against Ezra Stoner. Judgment of nonsuit, and plaintiff brings error. Affirmed.
Eason & Bull, for plaintiff in error.
J. B. Wall, for defendant in error.
Judgment affirmed. All the Justices concur.
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