Bennett v. Bennett

This appeal presents the single question of the sufficiency of the evidence taken by depositions to sustain a decree of divorce granted the wife on the ground of cruelty. Code, section 5104.

The parties were married in 1909 and separated on November 16, 1939. At the date of the institution of the suit the husband was a retired mail carrier. He was fifty-four and she was fifty years of age. During their thirty years of married life they reared three daughters, two of whom were married at the time the evidence was taken.

■ Apparently the marriage was without unhappy incident until the year 1931,…