Burns v. Burns

Citations

• 13 Fla. 369

Syllabus

<p>1. A statement in a bill for divorce that the complainant is, and has been for more than two years a resident of this State; that the parties were married at Jacksonville, in this State, in April, 1862, “ where the parties have ever since lived,” is a full compliance, as to the pleadings, with the statute, which requires that “ it shall appear that such applicant has resided in the State of Florida for the space of two years prior to the term of such application,” and is a sufficient allegation of the time of marriage.</p> <p>2. Where a divorce is prayed on the ground that the defendant “ is habitually intemperate,” it is not necessary to specify more definitely the facts constituting “habitual intemperance,” the charge of itself implying that the defendant has a persistent habit of becoming intoxicated from the use of strong drinks, and thus rendering his presence in the marital relation disgusting and intolerable.</p> <p>3. Where the charge in a bill for divorce is that the defendant “ habitually indulges in violent and ungovernable temper, and is extremely cruel to his wife,” and proceeds to specify that he uses threatening, plasphemous and abusive language towards her, on many occasions threatened her with fatal violence, and attempted to carry his threats into execution, so that she has had to seek safety in flight; and in an amended bill reiterating these charges, it is alleged that the defendant has put and continues to keep complainant in fear of bodily harm from his violence and abuse: Held, That the defendant having taken direct issue upon these statements, and proceeded to a final hearing without requiring a more definite specification of facts,’ and the allegations appearing to be sufficiently definite to apprise the defendant of the nature of the facts to be proved in order to enable him to prepare his defence, and it appearing that the-proofs fully substantiate the charge, a decree of divorce will be sustained.</p> <p>4. In civil writs, generally, p