The appellee, Lois Taylor, filed her bill in the circuit court of Greene County, in equity, against her husband, Bennie Taylor, seeking a divorce a vinculo matrimonii and incidental relief. The husband filed his demurrer. The bill was amended and demurrer was interposed to the bill as amended. From a decree overruling his demurrer to the bill as amended, the husband, respondent below, has appealed to this court.
The ground on which appellee seeks a divorce is cruelty and the only insistence made on this appeal is that the averments of the bill are insufficient in that respect and that the grounds of the demurrer taking that point should have been sustained.
The bill alleges, in the language of § 22, Title 34, Code 1940, that "Respondent has committed actual violence on the person of Complainant, attended with danger to her life or health." The bill of complaint, as amended, goes further and alleges: "That on or about, to-wit, November 4, 1950, at the home of your Complainant and Respondent in Mt. Hebron, Greene County,
The allegations sufficiently charge cruelty. Roberts v. Roberts, 247 Ala. 302, 24 So.2d 136, and cases cited; Hudson v. Hudson, 204 Ala. 75, 85 So. 282.
The demurrer was correctly overruled. The decree appealed from is affirmed.
LIVINGSTON, C. J., and BROWN and STAKELY, JJ., concur.