Chambers v. Chambers
Superior Court of Delaware
Action for divorce by Ella B. Chambers against Floyd H. Chambers. This is an action of divorce on the ground of extreme cruelty.
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Action for divorce by Ella B. Chambers against Floyd H. Chambers. This is an action of divorce on the ground of extreme cruelty. The plaintiff and defendant were married on the twelfth day of December, A. D. 1912, “and with the exception of a separation of one year and two months, they lived and cohabited together until the thirteenth day of May, A. D. 1919.” The plaintiff in her petition complains that her husband “in violation of his marriage vows, did during the most of their married life indulge in such vile, abusive and inhumane treatment, humiliating her before the public, and otherwise…
1Opinion of the Court
Boyce, J.:
Evidence of merely wounded mental feelings, unaccompanied with bodily injury, either actual or menaced, has not been regarded as sufficient to warrant a divorce on the ground of extreme cruelty. McClenahan v. McClenahan, 2 Boyce 599, 80 Atl. 677, and Elliott v. Elliott, 5 Boyce 406, 93 Atl. 963. While the evidence in this case does not show acts of grievous bodily injury, it does show a reasonable and continuous apprehension of such injury and that this condition existed to such a degree as to endanger the health of the plaintiff and to render cohabitation unsafe.
It is the opinion…
2Cases cited2 opinions
- McClenahan v. McClenahanSuperior Court of Delaware · 1911
- Elliott v. ElliottSuperior Court of Delaware · 1915
3Cited by1 opinion
- Jackson v. JacksonSupreme Court of Delaware · 1962