103 Ga. 250 | Ga. | 1898
Mrs. Mary L. Anthony brought against her husband, Joseph L. Anthony, a libel for divorce on two grounds. One of them was cruel treatment. The other, in view of the record, requires no notice at our bands. The alleged cruelty consisted in the respondent’s accusing the libelant of having communicated to him a venereal disease, and in threatening to sue her for a divorce upon that ground. Anthony filed a cross-libel, in which he prayed for a divorce on the ground of adultery. The case coming on for a trial, the jury returned two separate and distinct verdicts, which were as follows: “We, the jury, find for the plaintiff and against the defendant a partial divorce; that is to say, a divorce a mensa et thoro.” “We, the jury, find for the defendant a total divorce, and against the plaintiff. We find that sufficient proofs have been submitted to our consideration to authorize a -total divorce, that is to say a divorce a vinculo matrimonii upon legal principles, between the parties in this case.”
We are not now called upon to decide whether two such verdicts could, under any circumstances, stand together; for, upon a careful examination of all the evidence submitted pro and con. at the trial, we have reached the conclusion that these two ver
Judgment reversed.