Atha v. Atha

Sutton, Justice.

1. The first special ground of the amended motion for new trial complains that the court erred in failing to give in charge to the jury any legal definition of cruel treatment, by which they might judge the character of acts that would be sufficient to drive a wife from her husband’s home.

Where a suit is brought for permanent alimony, based on a bona fide state of separation under Code §§ 30-210, 30-213, and the wife complains that she was compelled to leave her husband’s home on account of cruel treatment, the most important part of the court’s instructions must necessarily…