114 A. 130 | R.I. | 1921
This is a petition for divorce brought by the petitioner against the respondent, her husband, which was heard by a justice of the Superior Court and decision was given therein for an absolute divorce in favor of the petitioner on the ground that the respondent had been guilty of continued drunkenness.
The cause is now in this court on the respondent's bill of exceptions by which exception is taken to the decision of the Superior Court.
From the transcript it appears that, at the conclusion of the hearing, the trial justice stated that he did not think there was any rule that could be laid down in a divorce case as to what was continued drunkenness; that it was a question whether a man was fulfilling the responsibilities that he took on himself when he married, and that was the only test there was, and if his habits so interfered with his marriage responsibilities and the devotion he ought to give to his family that was "continued drunkenness" within the meaning of the statute. The trial justice held the case and within a few days rendered a decision granting a divorce to the petitioner on the ground of continued drunkenness. No rescript was filed in the case. The trial justice was in error in his statement of the law applicable to the case.
In Gourlay v. Gourlay,
Opportunity will be given the petitioner to appear on Tuesday, July 5, 1921, at nine o'clock a.m., Standard time, and show cause why an order should not be made remitting the case to the Superior Court with direction to dismiss the petition.