24 S.E.2d 683 | Ga. | 1943
1. Under the evidence plaintiff failed to make out a case which would justify a verdict of divorce in her favor; and the verdict for the defendant being demanded, no other assignments of error will be considered.
2. The judge did not err in refusing a new trial.
"It was held by this court in Ring v. Ring,
In the case before us it is easily seen, from a full recital of the evidence above, that at most the husband was merely to be condemned for being neglectful and inconsiderate of his wife. While it appears that at the time of the separation the plaintiff's health was poor, and previously she had been ill, there is nothing to indicate the condition of her health resulted from defendant's conduct, *482 or that there was wilful infliction of pain such as would reasonably justify apprehension of danger to her life, limb, or health. Under our law and the former rulings as cited above and in many others to be found, the evidence is simply not enough to support a verdict for divorce; and since we are of the view that a verdict for the defendant was demanded, under the evidence in the record, no other grounds of complaint will be examined. The motion for new trial was properly overruled.
Judgment affirmed. All the Justices concur.