Mercer v. Mercer

The appellee petitioned for a divorce from the appellant, and obtained the decree she sought. The complaint is challenged for the first time by the assignment of errors.

The complaint alleges that the appellant has for twelve years treated the appellee in a cruel and inhuman manner; that he has struck, kicked and choked her, and that he has neglected to secure for her medical attention in her illness, or to give her any attention himself.

We hold the complaint to be clearly sufficient, for the specific acts charged constitute cruel and inhuman treatment within the meaning of the statute.

The…