Elizabeth Hall (appellee) filed a bill of divorce against Albert E. Hall (appellant). The only allegation as to any ground of divorce is set forth in paragraph three of the bill as follows:
There was a demurrer to the foregoing allegation as follows:
"1. The complaint does not allege that the apprehension arises from the respondent's conduct, as required by the statute.
The court overruled the demurrer and the appeal comes here from that decree.
The statute on which the complainant seeks to base her case provides as follows:
Upon a consideration of the questions involved we are not impressed with the position of the appellant. While the pleading should be construed against the pleader, at the same time the bill of complaint should not be subjected to overtechnical construction. United States Casualty Co. v. Wilson, Ala., 76 So.2d 506. On the first point raised by the demurrer the charge of the threats and reasonable apprehension
As to the second point raised by the demurrer if the charge had been "the complainant has apprehension" it could well be that her apprehension might be that of an excitable woman lacking in ordinary common sense, but the pleading charges that she has reasonable apprehension which denotes not an unfounded apprehension but on the other hand the apprehension of a reasonable person. While perhaps not exactly similar to the present situation our cases indicate the sufficiency of the pleading. Harris v. Harris, 230 Ala. 508, 162 So. 102; Harris v. Harris, 256 Ala. 192, 54 So.2d 291.
It is our judgment that the decree of the lower court is due to be affirmed.
LIVINGSTON, C. J., and LAWSON and MERRILL, JJ., concur.