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COLBURN v. COLBURN

6 Div. 32.

89 So.2d 531 (1956)

Mark E. COLBURN v. Ina Ruth COLBURN.

Supreme Court of Alabama.

September 6, 1956.

Attorney(s) appearing for the Case

Callahan & Buck, Tuscaloosa, for appellant.

deGraffenried, deGraffenried & deGraffenried, Tuscaloosa, for appellee.

SIMPSON, Justice.

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:

"In favor of either party to the marriage when the other has committed actual violence on his or her person, attended with danger to life or health, or when from...

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