Vickers v. Vickers

Lewis, Justice.

The respondent-husband brought this action against his wife, the appellant, for a divorce on the grounds of desertion and physical cruelty, based upon the alleged refusal of the wife to have sexual relations with him. The wife interposed a demurrer to the complaint upon the ground that the facts alleged failed to constitute either desertion or physical cruelty within the meaning of the divorce law of this State. The lower court overruled the demurrer and the appeal followed.

The question to be determined is whether the complaint states facts sufficient to constitute a cause of…