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30 Del. 283

Smith v. Smith

Superior Court of Delaware

Decided March 28, 1919

Superior Court of Delaware · decided 1919-03-28

Action for divorce for habitual drunkenness by Franklin C. Smith against Elizabeth L. S. Smith. Petition dismissed without prejudice. The evidence of the plaintiff and several witnesses was to the effect that the defendant had for a long period of time been addicted to the use of various kinds of drugs and narcotics which produced effects similar to those caused by the excessive use of intoxicating liquors.

Decided 1919-03-28

Boyce, J:

¶1The evidence now before the court, and that which the plaintiff proposes to offer, fails to show that the defendant is guilty of the excessive use of intoxicating liquors.

¶2“Habitual drunkenness” in the statute must be understood in its ordinary and popular meaning, that is, the condition of one given over to the use of alcoholic liquors. The habitual use of an drugs, though it may cause a condition similar to that produced nactio by the excessive use of intoxicating liquors, will not sustain for divorce, the cause being based upon “habitual drunkenness.”

¶3The petition will be dismissed without prejudice.

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