Kientz v. Kientz
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott Chancellor; 1. Under the testimony appellant is entitled to a divorce either under the second or third clause of the fifth subdivision of section 2672, Kirby’s Digest; but, under the modern rule, actual personal violence or an apprehension of it is not essential to bring a case within the terms of a statute permitting a divorce for cruelty.
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Appeal from Jefferson Chancery Court; John M. Elliott Chancellor; 1. Under the testimony appellant is entitled to a divorce either under the second or third clause of the fifth subdivision of section 2672, Kirby’s Digest; but, under the modern rule, actual personal violence or an apprehension of it is not essential to bring a case within the terms of a statute permitting a divorce for cruelty. Any misconduct which tends to impair health, or creates an apprehension of bodily, injury, is cruelty, though no personal violence is inflicted. 9 A. & E. Enc. Law, 788; 30 Gratt. (Va.), 307; 60 W. Va.…
1Opinion of the CourtFrauenthal, J.
This is a suit for divorce brought by the wife upon the statutory grounds that the husband was guilty of such cruel treatment as to endanger her life and offered such indignities to her is to render her condition intolerable. The husband denied each allegation of the complaint made against him, and by cross complaint charged conduct upon the part of the wife from which adultery might be inferred, and sought a divorce upon that ground. A great volume of testimony was taken by both parties relative to these charges and the countercharge, and upon a final hearing of the case the chancellor…
2Cases cited8 opinions
- Wood v. WoodSupreme Court of Arkansas · 1891
- Brown v. BrownSupreme Court of Arkansas · 1881
- McConnell v. McConnellSupreme Court of Arkansas · 1911
- Kurtz v. KurtzSupreme Court of Arkansas · 1881
- Haley v. HaleySupreme Court of Arkansas · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Lytle v. LytleSupreme Court of Arkansas · 1979
- Arnold v. ArnoldSupreme Court of Arkansas · 1914
- Martilla v. Quincy Mining Co.Michigan Supreme Court · 1923
- Calhoun v. CalhounCourt of Appeals of Arkansas · 1981
- Hill v. RowlesSupreme Court of Arkansas · 1954
28 more not listed; retrieve them via the Exa API.