Appel v. Appel

Adkins, J., delivered the opinion of the Court. The bill of complaint in this case, filed by the appellee •against the appellant, is for a divorce a mema et thoro. The substantial charges are that the defendant beat and' abused the plaintiff, and cursed her, and used such vile epithets towards her that it was impossible for her to< continue to live with him, and that “she was compelled, to avoid being seriously injured about her head, limbs and body, fio leave her home on the 8th day of December, 1930”; that he, want- t ing to get rid of her, purposely abused her, threatened to throw her out of the window, made false accusations against her fi> gratify his feelings of spite, stated that he would poison her if it were not for the law, and drove her from him without justification on the 8th day of December, 1930, thereby abandoning and deserting her. The prayer of the bill is for divorce a mensa et thoro, permanent alimony of fifteen dollars per week, and counsel fee.

The plaintiff at the time of the hearing was twenty-one years of age, and the defendant twenty-two. They were married June 24th, 1930, and the bill of complaint was filed on December 9th, 1930. It appears from the testimony that they both were 'afflicted with violent tempers and that they began to' quarrel soon after their marriage. She testified that he beat her on three occasions, August 30th, October 2nd, and December 8th; that he drank too' much and came home drunk three or four times a week (Mrs. Frizzel testified that she twice, saw defendant brought home drunk); that he ⁷ ordered her out of the home two or three times; that he threatened to poison her, and said he wanted to get rid of her; that on one occasion he threatened to throw her out of the window, and she screamed for the lady next door, Mrs. Erizzel, who came over; that the beating on December 8th grew out of his demand for some insurance policies of his in her possession; that she was darning his socks at the time and told him to wait until she cut the thread and she would get them for him; that he went upstairs, opened the bureau drawers, and started throwing everything out; that she came upstairs and asked what he wanted to do that for, and as she started out he grabbed her and sprained her arm; that he then put her in his ear and carried her to within a half block of her mother’s and told her to get out and walk to her mother’s; that he frequently twisted her arm and punched her; that after the beating of December 8th, Dr. Titlow bandaged her arm and Dr. Riland attended her for several weeks.

She also testified to abusive language and vile epithets used by him towards her on a number of occasions. It appears that, a day or two after December 8th, she had furniture moved from three rooms and stored, but he promptly recaptured it. Ho one except the parties appear to have been present at any of these quarrels, except one, but it is apparent from the testimony of both that they were of frequent occurrence. There is some corroboration of plaintiff as to defendant’s, attempt to' throw her out the window by Mr. and Mrs. Frizzell.

And plaintiff’s testimony as to the beating on December 8th is corroborated in the testimony of Drs. Titlow and Riland and several other witnesses as to plaintiff’s injured condition immediately after this occurrence. Dr. Riland testified that she came to him on December 9th; that he found bruises on the back of the neck, left shoulder, and left arm, and that the aim was badly sprained and swollen; that he saw her on the 9th, 11th, 13th, 16th, and 22nd of December, “and there was still some soreness and swelling there but it had been relieved