Moore v. Moore

179 F.2d 38, 86 U.S. App. D.C. 16, 1949 U.S. App. LEXIS 2610

• Court: Court of Appeals for the D.C. Circuit
• Decided: December 12, 1949
• Docket: 9996_1
• Status: Published

Opinion

PROCTOR, Circuit Judge.

Appellant attacks a limited divorce for cruelty, granted his wife, upon the ground of insufficient evidence to support the judgment.

The courts of this jurisdiction have held consistently that under its laws 1 where there is no physical violence a divorce for cruelty will not lie unless the mistreatment has caused injury to the health of the complaining spouse. 2

In the present case there was no physical violence or abuse, and no evidence that the wife’s health had suffered by reason of the husband’s mistreatment and neglect. In these circumstances it is dear that the charge of cruelty was not proved. Therefore, the judgment is

Reversed.

EDGERTON, J., concurs in the result.

1 . Sec. 4, Act of June 19, 1860, 12 Stat. at Large, p. 59, 31 Stat 1345, ch. 854, § 966, March 3, 1901, D.C.Code 1929, Tit. 14, § 63, 49 Stat 539, ch. 453, § 1, Aug. 7,1935, D.C.Code 1940, § 16—403.

2 . Densmore v. Densmore, 1888, 6 Mackey 544, 17 D.C. 544; Ogden v. Ogden, 1900, 17 App.D.C. 104; Waltenberg v. Waltenberg, 1924, 54 App.D.C. 383, 298 F. 842; Trice v Trice, 1925, 55 App.D.C. 328, 5 F.2d 543; Taylor v. Taylor, 1933, 62 App.D.C. 316, 67 F.2d 582; Kimmell v. Kimmell, 1948, 84 U.S.App.D.C. 177, 171 F.2d 340.