Heylmun v. Heylmun

Under section 1161, subdivisions 1 and 2, of the Civil Practice Act, formerly Code of Civil Procedure, section 1762, subdivisions 1 and 2, a separation may be granted for conduct not amounting to physical violence or apprehension of such violence which cause a state of mind in the plaintiff, rendering the continuance of the marital relation so reasonably intolerable as to constitute cruel and inhuman treatment. No rule can be laid down which will meet all situations of this character and this general language states the rule as specifically as it can be expressed. Each case depends upon its…