This is an appeal from a decree of the Circuit Court, In Equity, overruling the demurrer of the appellant to the bill of complaint filed by the appellee for a divorce on the ground of cruelty. § 22, Tit. 34, Code of 1940. The pertinent part of the controlling statute reads:
The single question is whether the allegations of the bill are sufficient under
It is apparent that the complainant has tracked the statute in her complaint and in addition thereto has alleged the nature of conduct relied upon to establish the charge. This is sufficient. Smith v. Smith, 261 Ala. 204, 73 So.2d 538; Marcum v. Marcum, 260 Ala. 197, 69 So.2d 670; Harris v. Harris, 256 Ala. 192, 54 So.2d 291; MacMahon v. MacMahon, 170 Ala. 338, 54 So. 165.
The appellant does not argue that the acts of cruelty alleged (italicized part of the complaint) are insufficient to show cruelty; rather, he argues that these acts refer only to the part that immediately precedes them, i. e., that the alleged acts of cruelty apply only to the "reasonable apprehension" clause. We regard the contention as hypercritical for nicety of pleading is not required in a case of this kind. Smith v. Smith, supra; Darrah v. Darrah, 257 Ala. 263, 57 So.2d 618; Siener v. Siener, 250 Ala. 376, 34 So.2d 576.
The allegations of the bill are good against the asserted demurrer.
GOODWYN, MERRILL and SPANN, JJ., concur.