McNeill v. McNeill
Mississippi Supreme Court
Appeal from chancery court of Hinds county. Hon. Y. J. Stricker, Chancellor. Suit by Nannie W. McNeill against Henry W. McNeill, with cross-bill by defendant. Belief was denied to both parties, and complainant appeals. The court erred in ruling that in cruel and inhuman treatment there must be shown malice. This is apparent from the ruling of the supreme court in other cases. Malice is an element of criminal law but is not necessary to constitute cruel and inhuman treatment.
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Appeal from chancery court of Hinds county. Hon. Y. J. Stricker, Chancellor. Suit by Nannie W. McNeill against Henry W. McNeill, with cross-bill by defendant. Belief was denied to both parties, and complainant appeals. The court erred in ruling that in cruel and inhuman treatment there must be shown malice. This is apparent from the ruling of the supreme court in other cases. Malice is an element of criminal law but is not necessary to constitute cruel and inhuman treatment. Our court has held to the theory and the majority of courts hold that way that it is the protection of the party from…
1Opinion of the CourtW. H. Cook, J.
Mrs. Nannie W. McNeill, appellant, filed her bill in the chancery court of the Second district of Hinds county seeking a divorce from her husband on the ground of habitually cruel and inhuman treatment, and praying for *283temporary and permanent alimony. The husband, H. W. McNeill, filed Ms answer to the bill, denying the allegations thereof, and made his answer a cross-bill in which he sought a divorce on the ground of desertion for the statutory period, and upon the final hearing a decree denying a divorce to both parties was entered, and from this decree Mrs. McNeill prosecuted this appeal.
The…
2Cited by9 opinions
- Hulett v. HulettMississippi Supreme Court · 1928
- Russell v. RussellMississippi Supreme Court · 1930
- Howard v. HowardMississippi Supreme Court · 1962
- Scott v. ScottMississippi Supreme Court · 1954
- Price v. PriceMississippi Supreme Court · 1938
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