Holloway v. Holloway
Supreme Court of Georgia
Divorce. Before Judge Pendleton. Fulton superior court. November 7, 1905. Mittie D. Holloway brought her libel for divorce against •Joseph Holloway on May 13, 1905, and alleged: that they were married on December 24, 1893; in 1899 the respondent was convicted of the offense of voluntary manslaughter, and sentenced to serve a term of twenty years in the penitentiary; they have not lived together since the conviction of the respondent; in 1904 the respondent was pardoned by…
Read the full summary
Divorce. Before Judge Pendleton. Fulton superior court. November 7, 1905. Mittie D. Holloway brought her libel for divorce against •Joseph Holloway on May 13, 1905, and alleged: that they were married on December 24, 1893; in 1899 the respondent was convicted of the offense of voluntary manslaughter, and sentenced to serve a term of twenty years in the penitentiary; they have not lived together since the conviction of the respondent; in 1904 the respondent was pardoned by the Governor. A demurrer to the libel was overruled, and the respondent excepted.
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.)
1. The Civil Code declares among the grounds for divorce, “the •conviction of either party for an offense involving moral turpitude, and under which he or she is sentenced to imprisonment in the penitentiary for the term of two j^ears or longer.” § 2426, par. 8. The respondent was sentenced to the penitentiary for a term exceeding two years, and the right of the libellant to a divorce depends upon whether the offense of which he was convicted involved moral turpitude. Turpitude in its ordinary sense involves the idea of inherent baseness or vileness,…
2Cases cited3 opinions
- Young v. YoungTexas Supreme Court · 1884
- Handy v. HandyMassachusetts Supreme Judicial Court · 1878
- State v. DuketWisconsin Supreme Court · 1895
3Cited by22 opinions
- Drazen v. New Haven Taxicab Co.Supreme Court of Connecticut · 1920
- Lewis v. StateSupreme Court of Georgia · 1979
- Board of Dental Examiners v. LazzellCourt of Appeals of Maryland · 1937
- Huff v. AndersonSupreme Court of Georgia · 1955
- Hughes v. State Board of Medical ExaminersSupreme Court of Georgia · 1926
17 more not listed; retrieve them via the Exa API.