Alston v. Alston

74 S.W.2d 239, 189 Ark. 525, 1934 Ark. LEXIS 245
CourtSupreme Court of Arkansas
DecidedJuly 9, 1934
Docket4-3498
StatusPublished
Cited by1 cases

This text of 74 S.W.2d 239 (Alston v. Alston) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alston v. Alston, 74 S.W.2d 239, 189 Ark. 525, 1934 Ark. LEXIS 245 (Ark. 1934).

Opinion

Mehaffy, J.

The appellee, Bess Alston, and the appellant, Roy Alston, were married October 12, 1915, and lived together as husband and wife until June 1, 1933', practically 18 years. On September 14, 1933, the appellee filed in the Sevier Chancery Court a suit for divorce on the grounds of indignities. She alleged the indignities as follows: “Treating her with rudeness, vulgarity, unmerited reproach, haughtiness, contempt, contumely, manifest disdain, abusive language, malignant ridicule, intentional incivility and studied neglect, habitually and systematically pursued. That his manner toward her had been repeatedly persistently unkind. That he withdrew from her all confidence. That his conduct toward hen indicated plain manifestation of settled hate, alienation and estrangement, both of word and action.” That such course of conduct upon the part of the defendant commenced some three or four years ago, and has grown in intensity and severity since that time until it finally became impossible for her to longer live, with him.

It will be observed that the complaint does not state any facts, but states mere conclusions based on the statute, without any attempt to set out what the facts are, or when they occurred, other than stating that the course of conduct commenced three or four years ago.

“The indignities of which she complained should have been specifically set out, that it might have been seen whether they were such as to render her condition intolerable as alleged, or a sufficient cause for the divorce she sought.” Brown v. Brown, 38 Ark. 324; Waldren v. Waldren, 187 Ark. 1077, 63 S. W. (2d) 845.

We said in the case last mentioned: “An allegation such as the one in appellee’s complaint would be sufficient to support a decree where no motion to make more specific was filed, if the evidence had been as to specific facts or specific acts of appellant instead of mere conclusions.

“Where one brings suit for divorce alleging indignities and misconduct, as the appellee did in this case, the defendant of course would be. entitled to know what the plaintiff claimed were the facts constituting the indignities, and if a motion was made to make more specific, the court would require the plaintiff to set out the facts.”

The appellee testified about the date of the marriage and the date when she left the appellant; that they had one little girl nine years of age who is with her, except week-end visits to her father; that Mr. Alston made a visit to Vicksburg, Mississippi, in July, and since then they have not lived together as husband and wife; that Mr. Alston is in the mercantile business; he was gone to Vicksburg about ten days, and appellee did not hear from him during that time; did not know when he came back, and when he came back he did not call her up or notify her; the first she knew about his coming back was on Wednesday after he came back on Monday. Appellee, when appellant went to Vicksburg, stayed at her mother’s, and was there when he returned. She was at her mother’s and went out to get some water, and appellant was on the roof of the new home that her mother was building, and when she saw him she said, “Hello,” and he said “Good morning,” and that was all that was said. He stayed" there about five or ten minutes after speaking to her. He did not say anything about the appellee’s going home, and did not call or send for her after he got home. She went home and took her daughter, Joy, and when they got home appellant just looked ugly, and did not have anything to say to her; that they had a bedroom and a sleeping porch, with a door between, and the door had always been left open. That night he closed the door and did not have anything to say. She did not open the door that night. A few nights after that when Joy was away, she opened the door and thought she would joke with him. He was out of tune, and she thought he would get in a better frame of mind. She told him she was lonesome, and asked him why he did not open the door, but he did not answer or look at her, and she closed the door.

Appellee and Joy were in an automobile accident in August. When she tried to talk to appellant, the chances were he would get his hat and go to the store. He was never in a good humor, never undertook to have a pleasant conversation or cohabit with her as husband and wife. The little girl was badly hurt in the accident and appellee was injured. Joy was rendered unconscious. Appellee’s back .and knee were hurt. The bus driver took her to the hospital and her husband got in the front seat. She and Joy were in the back seat. Appellant did not say anything to her, but just looked ugly. He did not ask appellee if she were hurt. The bus driver asked her to explain how the accident occurred. Appellant did not ask the doctor in her presence about the extent of her injuries. She thinks he did not even know she was hurt; thinks he was still pretty mad at her. She was suffering, she said, and the doctor gave her a hypodermic. Appellant sat right over Joy all the time, and when the nurse came in to take Joy’s temperature, appellant said to her, pointing* over her shoulder: “She’s the one that is making the racket.”

She told appellant that she was going to the hospital at Texarkana, and he did not make any arrangements for her to go. When she told him she was going, he said: “Who said so, your mamma?” She told appellant that she had had X-ray pictures made. He just listened and did not say anything. He just had a look of disdain-— just an ugly look that he has for witness.

Appellant said to her, at a time she had gone to DeQueen for some dental work, that he- was getting mighty tired of this, and asked her when she was going to get her lawyers and get a divorce. She told him that if he wanted to talk about it they would talk then, but he said: “No, your aunt is out there-. Go on,’’

Appellee then testified about some conversations with her brother and her father, and then said that appellant told her she was not a nice girl when he married her, and asked her if she had not had dealings with so and so. She also testified that when some lady came into the room and asked appellant how appellee’s knee was, he said: “I do not know what the doctor said about her knee. He has been in there looking at her leg for 3'0 minutes.”

Appellee testified that, after they had been married about two years, he employed Miss Pearl Rogers to work in the store, and she wanted him to get rid of Miss Rogers, and he finally did. She then said that appellant did not like Mr.- Custer Hughes, but that she had known Hughes always. That appellant often got his gun and would take a walk with it. She testified about their going to the country club when appellant did not want to go. She also testified about a diary she said appellant kept, and she complained about it and said it was such trash; that appellant did not confide in her with reference to his business matters.

She left her husband about September 12th and did not presume he wanted her to come back; that he never let any one hear him say very cruel remarks. There was some disagreement about the purchase of a piano for Joy. She also admitted that she told appellant when the baby was born that she was going to teach her to dislike him.

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Related

Smith v. Smith
223 S.W.2d 776 (Supreme Court of Arkansas, 1949)

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Bluebook (online)
74 S.W.2d 239, 189 Ark. 525, 1934 Ark. LEXIS 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alston-v-alston-ark-1934.