Legal Opinion

Spruill v. Spruill

Texas Commission of Appeals

Decided May 17, 1880No. Case No. 4148PublishedCited by 1 opinion

Appeal from Oaldwell. Tried below before the Hon. L. W. Moore. March 15, 1879, Isabella Spruill brought suit against her ¡husband, Luke Spruill, for a divorce, alleging acts and conduct which are termed outrages, rendering their living together as husband and wife insupportable.

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Appeal from Oaldwell. Tried below before the Hon. L. W. Moore. March 15, 1879, Isabella Spruill brought suit against her ¡husband, Luke Spruill, for a divorce, alleging acts and conduct which are termed outrages, rendering their living together as husband and wife insupportable. The petition alleged substantially their residence; marriage August 6,1857; proper demeanor on part of plaintiff during their married life; that for several years last past, by a studied course of insults, outrages and cruel treatment of plaintiff, defendant has rendered their living together as husband and wife…

1Opinion of the CourtA. S. Walker, J.

Our statutes regulating the granting of divorces require a general finding by the jury or court trying the case upon the effect upon the injured party the alleged acts of cruelty, etc., may produce.

That such finding is required shows that the terms “excesses, cruel treatment or outrages towards the other ” may have a meaning colored by the moral, mental and aesthetic *246nature and culture of the parties immediately interested; so as, in fact, a given act may or may not seriously affect the relations between the parties, the effect in law shall be measured by the same rule in determining whether…

2Cases cited5 opinions

  1. Sheffield v. SheffieldTexas Supreme Court · 1848
  2. Nogees v. NogeesTexas Supreme Court · 1852
  3. Pinkard v. PinkardTexas Supreme Court · 1855
  4. Taylor v. TaylorTexas Supreme Court · 1857
  5. Sharman v. SharmanTexas Supreme Court · 1857

3Cited by1 opinion

  1. Arendale v. ArendaleCourt of Appeals of Texas · 1929

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