Smith v. Smith

Stewart, P. J.,

This is a demurrer to plaintiff’s statement. The statement alleged that on Nov. 21, 1924, the plaintiff and defendant were husband and wife; that on said day the defendant committed a violent assault and battery on the plaintiff, so that she was severely injured and suffered a permanent disability; that, subsequently, to wit, on Jan. 18, 1926, plaintiff was divprced from defendant on account of his cruel and barbarous treatment and the personal indignities he had committed against her.

The defendant filed a demurrer. The first cause is as follows: “The plaintiff’s statement does…