Judges: PER CURIAM. —
Attorneys: Francis P. Whitehair, Edgar John Phillips, Harry L. Thompson,
and Hull, Landis Whitehair, for Appellant.
M. A. McMullen, Chester B. McMullen and Cyril E. Pogue, for Appellee.
Filed: May 04, 1935
Latest Update: Mar. 02, 2020
Summary: This case has been well argued and ably briefed, but as the orders appealed from are interlocutory, we do not deem it necessary to set out in detail the facts alleged in the bill, nor discuss at any length the reasons why we hold that the lower court was free from error in upholding the sufficiency of the appellee's bill as against the motion *Page 769 to dismiss, and the motions to require amendment so as to state the plaintiff's case with greater particularity. The recent chancery practice sta
Summary: This case has been well argued and ably briefed, but as the orders appealed from are interlocutory, we do not deem it necessary to set out in detail the facts alleged in the bill, nor discuss at any length the reasons why we hold that the lower court was free from error in upholding the sufficiency of the appellee's bill as against the motion *Page 769 to dismiss, and the motions to require amendment so as to state the plaintiff's case with greater particularity. The recent chancery practice stat..
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The bill of complaint contains allegations under which extreme cruelty may be shown. As to the other ground for divorce alleged in the bill, as to which appellant claims the bill shows condonation because the parties continued thereafter to live together as husband and wife for some nine months, the bill does not show when the complainant became aware of the alleged commission of such acts so alleged as constituting such ground, and as there could be no condonation without knowledge, we cannot say that the court below was clearly in error in sustaining the sufficiency of the bill when the same is considered in the light of the authorities cited in our former opinion.
Rehearing denied.
WHITFIELD, C. J., and TERRELL, BROWN, BUFORD, and DAVIS, J. J., concur.
ELLIS, J., dissents.
