Legal Opinion

Stoner v. Stoner

Supreme Court of Georgia

Decided April 18, 1910PublishedCited by 40 opinions

Divorce, etc. Before Judge Whipple. Ben Hill superior court. Mrs. Florence P. Stoner filed her petition for divorce and for temporary and permanent alimony against Ezra Stoner. The ground on which the divorce was sought was cruel treatment. On the trial the plaintiff testified: Stoner and the plaintiff moved to Fitzgerald about 1902, and lived together as husband and wife until the ninth day of May, 1907. His treatment of her “was cruel in the extreme.”

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Divorce, etc. Before Judge Whipple. Ben Hill superior court. Mrs. Florence P. Stoner filed her petition for divorce and for temporary and permanent alimony against Ezra Stoner. The ground on which the divorce was sought was cruel treatment. On the trial the plaintiff testified: Stoner and the plaintiff moved to Fitzgerald about 1902, and lived together as husband and wife until the ninth day of May, 1907. His treatment of her “was cruel in the extreme.” He, furnished her no wearing apparel, and only the plain necessities of life, frequently taunting her with being a pauper, and never going…

1Opinion of the CourtLumpkin, J.

1. It was held by this court in Ring v. Ring, 118 Ga. 183 (44 S. E. 861, 62 L. R. A. 878), that “cruel treatment,” within the meaning of Civil Code, §2427, which provides that such treatment shall be a ground for divorce, is the wilful infliction of pain, bodily or mental, upon the complaining party, such as reasonably justifies an apprehen*369sion of danger to life, limb, or health. Brown v. Brown, 129 Ga. 246 (58 S. E. 825).

April 18, 1910. Divorce, etc. Before Judge Whipple. Ben Hill superior court. April 9, 1909. Mrs. Florence P. Stoner filed her petition for divorce and for temporary and…

2Cases cited2 opinions

  1. Ring v. RingSupreme Court of Georgia · 1903
  2. Brown v. BrownSupreme Court of Georgia · 1907

3Cited by40 opinions

  1. Phinizy v. PhinizySupreme Court of Georgia · 1922
  2. Wilkinson v. WilkinsonSupreme Court of Georgia · 1924
  3. Mullally v. MullallySupreme Court of Georgia · 1945
  4. Gaulding v. GauldingSupreme Court of Georgia · 1937
  5. Brightwell v. BrightwellSupreme Court of Georgia · 1925

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