Stanley v. Stanley

Citations

• 24 Wash. 460
• 64 P. 732
• 1901 Wash. LEXIS 556

Syllabus

<p>DIVORCE-- CRUEL TREATMENT-PLEADING-CONCLUSIONS.</p> <p>A complaint for divorce on the ground of cruel treatment is demurrable for want of facts when the allegations that defendant is quarrelsome and vicious in disposition and murderous in threats against plaintiff and his mother are mere conclusions, without any specification of what defendant’s acts or threats were, or how or when made, and when in none of the allegations setting up cruel treatment is there any specification of such facts as tend to establish injury to the health or person of plaintiff.</p> <p>SAME-- INABILITY TO LIVE TOGETHER.</p> <p>Under Bal. Code, § 5716, which provides that “a divorce may be granted upon application of either party for any other cause deemed by the court sufficient, and the court shall be satisfied that the parties can no longer live together,” the mere fact that plaintiff believes he and defendant. can no longer live together affords no legal cause for divorce.</p> <p>SAME- — ■ SUFFICIENCY OF EVIDENCE-NON-SUIT.</p> <p>In an action for divorce on the ground of cruel treatment, plaintiff should be non-suited, where his testimony shows that he was fully acquainted with the character of defendant prior to marriage, that he had failed to provide for her, that they lived together only about five months after marriage, that he •abandoned her within one week after the birth of their child, and that her threats against his life and that of her child were called forth by his refusal to live with her again.</p>