Legal Opinion

Massey v. Massey

Indiana Court of Appeals

Decided April 12, 1907No. 6,148Published

Prom Gibson Circuit Court; Oscar M. Welbofn, Judge. Suit by Hiram B. Massey against Permelia E. Massey. Prom a decree for defendant, plaintiff appeals.

1Opinion

Dissenting Opinion on Petition for Rehearing.

Comstock, C. J.

The prevailing opinion in this cause holds that the complaint stated a cause of action against the wife for the cruel and inhuman treatment of her husband. *414With due respect for the judgment of my brethren who join in that opinion I cannot concur therein.

The sufficiency of the complaint is the only question presented by this appeal. Cruelty between husband and wife is “such cruelty as causes injury to the life, limb, or health, or creates danger of such injury or a reasonable apprehension of such danger.” Anderson’s Law Diet. It is…

2Cases cited8 opinions

  1. Carpenter v. CarpenterSupreme Court of Kansas · 1883
  2. Graft v. GraftIndiana Supreme Court · 1881
  3. Rice v. RiceIndiana Supreme Court · 1855
  4. McAlister v. McAlisterTexas Supreme Court · 1888
  5. Whitmore v. WhitmoreMichigan Supreme Court · 1882

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