Divorce — Adultery — Cruelty — Abandonment.
A charge of adultery must be proved by a preponderance of evidence, and the proof must be clear, satisfactory, and convincing.
Legal cruelty on the part of the husband, to support a bill for divorce, must be such conduct on his part as endangers the wife's life, person, or health, or causes reasonable apprehension of bodily suffering.
Evidence of constant quarrels, and an occasional exchange of blows, but that the wife did not fear the husband, held insufficient to show cruelty on the husband's part.
Evidence that the husband forced the wife out of their bed and told her never to lie therein again, and denied her access to the room in which he slept, held to show a constructive abandonment of the wife by the husband, entitling her to a divorce.
Decided February 2d 1939.
SLOAN, J., delivered the opinion of the Court.
Unreported cases.