Tillery v. Tillery

POPE, Justice.

Virgil C. Tillery has appealed from a decree which granted Ora Tillery a divorce on the grounds of cruelty. The husband asserts that the only fact which supports the decree was not within plaintiff’s pleadings.

From the record it appears that the wife was denied a divorce in a former trial during 1955, and that since that time the parties have seen each other four times. Plaintiff alleged a divorce action grounded on crueltj' and specified a single incident during September, 1955, when the husband physically attacked his wife at the place where she was residing with her brother…