Thacker v. Thacker
| Citation | 23 S.E.2d 64,125 W.Va. 103 |
| Decision Date | 24 November 1942 |
| Docket Number | 9348. |
| Parties | THACKER v. THACKER. |
| Court | West Virginia Supreme Court |
J M. Jordan and Wade H. Bronson, both of Williamson, for appellant.
J Floyd Harrison, of Wayne, for appellee.
From a decree granting Jean Vinson Thacker an absolute divorce from Vilas Thacker, her husband, entered by the Circuit Court of Wayne County, the defendant husband was granted this appeal, the basis of the decree being cruel and inhuman treatment.
This couple was married in 1916, and the meager record before us contains testimony of but one physical chastisement admittedly administered by the husband at supper time on June 5, 1941, after his return from work. There is no substantial difference between the accounts of plaintiff and defendant the main difference in their attitude apparently being the divergent manner in which they were impressed by the same occurrence. We, therefore, regard it as unnecessary to outline more than a single version of what actually took place on this one occasion.
Manifestly, both the mother and father desired to provide for their four children as amply as the application of their entire means would permit. Thacker was employed by the Norfolk & Western Railway Company, and received monthly between $175 and $180. His statement that his earnings were spent in providing for the family is not contradicted, and apparently Mrs. Thacker was neither wasteful nor extravagant. Thacker did not approve of contracting an indebtedness of any sort. Mrs. Thacker had had charged to herself $6.93, the price of meats and groceries she had bought for home use, and a statement accompanied by a note requesting prompt settlement had, on June 5th, fallen into the hands of Thacker. The testimony of Mrs. Thacker is that she well knew her husband to be a man who was extremely irritable with a quick and violent temper. Having received this statement, he called his wife to the kitchen where he had gone to eat his evening meal, confronted her with it, demanding an explanation. When she admitted that she had purchased the articles represented by the amount charged, he struck her on the cheek with his open hand. The bill of complaint alleges that the blow was delivered with his closed fist, but Mrs. Thacker's testimony fails to sustain this allegation, and Thacker states definitely that it was the open hand. Mrs. Thacker states that when the blow was struck, she lost her footing, failed to support herself by grasping the open kitchen door and fell on the back porch. Thacker does not deny this testimony, but states that he had left the kitchen if and when Mrs. Thacker fell. The boy, aged ten, saw his mother lying on the porch, went to the second floor where he so told his sister, who, with a visitor, went promptly to the porch and assisted Mrs. Thacker to the second floor where she lay on a...
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McLaughlin v. McLaughlin
... ... a ground for an absolute decree depends upon the ... circumstances of each particular case, see Thacker v ... Thacker, 125 W.Va. 103, 23 S.E.2d 64 ... Having ... reached the conclusion that on the basis of the proof it was ... ...
- State v. Holmes
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Persinger v. Persinger
...violence, provoked by complaining spouse, might prevent that spouse from obtaining relief by way of a divorce. And in Thacker v. Thacker, 125 W.Va. 103, 23 S.E.2d 64, was held that: 'Where a husband who has been married to his wife for over twenty-five years strikes her on the cheek with th......