153 Ga. 487 | Ga. | 1922
1. The court admitted the following evidence of a witness for the plaintiff, on the trial of a suit for divorce and alimony: “ After 1 came back from my supper we stopped out on the porch a little while, and I told him [defendant] quite frankly I did not believe he had been, quite fair in playing the marriage game.” It was objectionable on the ground that it was a mere opinion, and of no probative value. In view of the character of the evidence submitted by the plaintiff on the trial, this ruling requires a reversal.
2. Cruel treatment, as a ground for divorce, is the “ wilful infliction of
(a) Evidence that the defendant “ was at home all the time, but that he would occasionally go down town on a little business, and be gone an hour at the time.”
(l>) That “the little girl [their daughter] was six years old, and had to walk a mile and an eighth to school.”
(c) Testimony of the plaintiff, that “When we first married, on our wedding trip he gave me $10.00 for spending money, and when we came home and I asked him for some money to get some things to go to housekeeping with, he says, ‘ Where is that $10.00 1 gave you at Tallulah Rails?’ I says, ‘I spent that for presents to bring back to the two families off our wedding trip.’ He says, ‘I see I will have to make you keep an itemized account of every cent you spend, to keep up with you.’ ” In regard to the last-quoted evidence, however much in bad taste the expressions may be, they are without probative value in the case.
4. The remaining special grounds of the motion for new trial do not show error, nor do they require comment. As the judgment refusing a new trial is reversed on other grounds, we will not rule upon the sufficiency of the evidence, nor upon the alleged newly discovered evidence.
■Judgment reversed.