MOORE
v.
MOORE
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A divorce for cruelty requires mistreatment causing injury to the complaining spouse's health, absent physical violence.
The appellant sought a divorce for cruelty, but there was no physical violence or evidence that the wife's health suffered from the husband's mistreat…
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PROCTOR, Circuit Judge.
Appellant attacks a limited divorce for cruelty, granted his wife, upon the ground of insufficient evidence to support the judgment.
The courts of this jurisdiction have held consistently that under its laws1 where there is no physical violence a divorce for cruelty will not lie unless the mistreatment has caused injury to the health of the complaining spouse.2
In the present case there was no physical violence or abuse, and no evidence that the wife’s health had suffered by reason of the husband’s mistreatment and neglect. In these circumstances it is dear that the charge of cruelty was not proved. Therefore, the judgment is
Reversed.
EDGERTON, J., concurs in the result.
. Sec. 4, Act of June 19, 1860, 12 Stat. at Large, p. 59, 31 Stat 1345, ch. 854, § 966, March 3, 1901, D.C.Code 1929, Tit. 14, § 63, 49 Stat 539, ch. 453, § 1, Aug. 7,1935, D.C.Code 1940, § 16—403.
. Densmore v. Densmore, 1888, 6 Mackey 544, 17 D.C. 544; Ogden v. Ogden, 1900, 17 App.D.C. 104; Waltenberg v. Waltenberg, 1924, 54 App.D.C. 383, 298 F. 842; Trice v Trice, 1925, 55 App.D.C. 328, 5 F. 2d 543; Taylor v. Taylor, 1933, 62 App.D.C. 316, 67 F. 2d 582; Kimmell v. Kimmell, 1948, 84 U.S.App.D.C. 177, 171 F. 2d 340.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Trice v. Trice, 5 F.2d 543 (D.C. Cir. 1925)
- Taylor v. Taylor, 67 F.2d 582 (D.C. Cir. 1933)
- Kimmell v. Kimmell, 171 F.2d 340 (D.C. Cir. 1948)