Johns v. Johns
Mississippi Supreme Court
Appeal from the Chancery Court of Jefferson County. Hon. Thomas Y. Behky, Chancellor. The appellant filed this bill against the appellee, her husband, for a divorce upon the ground of habitual, cruel and inhuman treatment, and further alleging that she was devoted to her two little children with that love and affection that only a mother can know and feel, that she was able and willing, and desirous above all else in the world to maintain, support, provide for and cherish…
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Appeal from the Chancery Court of Jefferson County. Hon. Thomas Y. Behky, Chancellor. The appellant filed this bill against the appellee, her husband, for a divorce upon the ground of habitual, cruel and inhuman treatment, and further alleging that she was devoted to her two little children with that love and affection that only a mother can know and feel, that she was able and willing, and desirous above all else in the world to maintain, support, provide for and cherish them, that her husband, who drove her away by threatening to kill her, and who retained the children, was, owing to his…
1Opinion of the CourtCampbell, J.
“ Habitual, cruel and inhuman treatment, marked by personal violence,” is cause for a divorce from the bond of matrimony. Code 1871, § 1767. The clause, “ marked by personal violence,” defines the kind or degree of treatment which is cause for a divorce. Cruel and inhuman treatment, practised by one of the married parties towards the other, with such persistency as to have become the accustomed conduct of the party, and which is characterized by “personal violence,” entitles its victim to a divorce. This treatment must be habitual. A single act of violence ordinarily would not suffice. It…
2Cited by18 opinions
- Albright v. AlbrightMississippi Supreme Court · 1983
- Chamblee v. ChambleeMississippi Supreme Court · 1994
- Mercier v. MercierMississippi Supreme Court · 1998
- Law v. PageMississippi Supreme Court · 1993
- Buntyn v. SmallwoodMississippi Supreme Court · 1982
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