54 Ga. App. 791 | Ga. Ct. App. | 1936
The exception is to the overruling of a general demurrer to the original petition and of general and special demurrers to the petition as amended. By paragraph, the petition brought by James A. Monroe against Toland J. Edwards is substantially as follows: (1) The defendant is a resident of Chatham County, Georgia. (2) The defendant is a brother-in-law of petitioner having married Essie Monroe, sister of petitioner. (3) Petitioner and Frances Monroe were married eighteen years ago, and lived together until the early part of April, 1932, when they separated. (4) Until about two months before said separation, petitioner and his wife lived happily together, and she was a dutiful, kind, and affectionate wife and loyal and devoted mother, performing all the customary duties required of a married woman and mother. (5) About two months before said separation, said wife “ commenced to neglect her home, went out on unexplained errands, remained out late at nights, and commenced to nag, abuse, torment, and offend petitioner, and to neglect their home, the care of their child, and became very dissatisfied with her surroundings and with petitioner, and by her actions led petitioner to understand that she no longer cared for his companionship, eonsortship, or marital companionship. That the quarrels between said parties and the mental cruelty which she visited upon him became so unbearable, petitioner was compelled to separate from her the early part of 1932, and in May, 1934, instituted a suit for divorce . . on the grounds of mental cruelty, and was divorced from his wife at the December term, 1934, of . . Chatham superior court.” (6) “At the time petitioner separated from his wife because of her acts of cruelty as aforesaid, he neither suspected nor knew that the real cause for the change of her affections towards him, and for changing her attitude and conduct towards him, his child, and her home, was due to the criminal enticement and adulterous relationship that had commenced to exist between the said Frances Monroe and the defendant.” (7) “Petitioner charges that . . defendant began a systematized campaign, . . on or about July 1, 1931, . . to seduce, entice, and lead away from her husband, child, and home the said Frances Monroe, and that by his attentions and by the large sums of money which he lavished upon her,
On May 29, 1935, the defendant filed a general demurrer to the petition. On June 25, 1935, the plaintiff amended his petition substantially as follows: (1) By adding to paragraph 5 the following: “After the separation of said parties in 1932, petitioner, although living separate and apart, from his wife, saw her frequently, made provisions for her support and maintenance, and tried in every way to adjust their differences and to recommence their married life, and on more than one occasion it appeared that he had succeeded in changing her mental viewpoint; but that finally during the early part of 1934, on or about January 1st of that year, his wife again commenced to show her distaste and disgust for petitioner, and finally told him she no longer cared for him, that she had tried to bring herself to like him, but that arow she realized definitely and finally that to live with him any further was useless, and that the separation between them had become • definite and final; and your petitioner then realized that his wife’s affections had been definitely alienated; hence an action for divorce was made the same year and obtained a divorce at the December term of said court, as aforesaid.” (2) Amends said petition by adding paragraph 14, as follows: “Petitioner shows that although, as alleged, the said defendant began a systematized campaign late in 1931 to seduce, entice, and alienate from her husband, child, and home the wife of petitioner, that said efforts on the part of said . . Edwards were not finally successful, and petitioner’s wife was not finally alienated from him until on or about January
The defendant’s demurrer to the petition as amended is substantially as follows: (1) The allegation in the first paragraph of the amendment that “it appeared that he had succeeded in changing her mental viewpoint,” is a conclusion not supported by facts. (2) The allegation in the second paragraph of the amendment that “said efforts on the part of said . . Edwards were not finally successful and petitioner’s wife was not finally alienated from him until about January 1, 1934,” states conclusions of the pleader and “fatally vary from the other allegations in the petition that the separation . . took place in April,' 1932.” The allegation in the second paragraph of the amendment that “petitioner and his wife had practically succeeded in readjusting their differences, and but for the interferences of the said . . Edwards, which facts were then unknown to . . petitioner, there would not have been a permanent alienation, and that the permanent alienation of the affections of petitioner’s wife and the permanent disruption of their home occurred in said State and county and as a result of the defendant’s unlawful acts on or
Since counsel for both parties have devoted a very large portion of their briefs to the parts of the demurrer invoking the statute of limitations, we shall consider that question first. Unquestionably, “ actions for injuries to the person shall be brought within two years after the right of action accrues.” Code, § 3-1004. In Sessions v. Parker, 174 Ga. 296, 302 (162 S. E. 790), the Supreme Court quotes approvingly from Weber v. Weber, 113 Ark. 471 (169 S. W. 318, L. R. A. 1915A, 67 Ann. Cas. 1916C, 743), as
Judgment affirmed.