Kinsey v. Kinsey
Supreme Court of Virginia
Kinsey v. Kinsey, 90 Va. 16 (Va. 1893)
17 S.E. 819; 1893 Va. LEXIS 3
Fauntleroy
Kinsey v. Kinsey
Opinion of the Court
(after stating the case) delivered the opinion of the court.
Upon the pleadings and the evidence in the record, we are of opinion that the complainant, Addie Kinsey, was entitled to a decree for a divorce, a mensa et thoro, and that the circuit court erred in dismissing her bill, and in not giving her the relief prayed for, in which particular and to which extent the decree appealed from is erroneous, and is annulled and reversed. But, in other particulars, being without error, it is affirmed, with costs in favor of the appellant. ■
The case will be remanded to the circuit court of Rappahan-nock county for its further action upon the case conformed to the foregoing opinion of this court.
Reversed in part and aeeirmed in part.
Reference
- Status
- Published
- Syllabus
- Divorce — Cruelty—Case at bar. — In a wife’s suit for divorce a mensa et thoro for cruelty, it was pi-oved that habitually defendant annoyed and mortified her, was often drunk and abused and struck her, came into her room at night with sword and pistol threatening to kill her, and finally drove her and her three-year-old child from the house at night, and that she was very delicate and nervous. Held: She was entitled to the relief asked for.