19 Del. 303
Decided September 28, 1901
Superior Court of Delaware · decided 1901-09-28
The petition alleged: “ That the said Frederick T. Wagner, in violation of his marriage vows, from the 20th day of March, A. D. 1898, to the present, hath been guilty of cruel, barbarous and inhuman treatment toward your petitioner; that to wit, on the 24th day of February, A. D. 1901, and at divers times thereafter, the said defendant hath assaulted, knocked down and beaten your petitioner without just cause; that to wit, on the day of A. D. 1901, within said time, the said…
Decided 1901-09-28
¶1The statute prescribes a particular and specific offense. We think the petitioner is bound to set that out in the *305terms of the statute. We therefore order the petition dismissed on that ground.
¶2M. E. Smith:—I ask for leave to amend.
¶3Lobe, C. J.:—How can you amend an affidavit? We have decided that you cannot amend. You will have to proceed anew.