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Cruel Treatment

Defined in 1 dictionary — Cyclopedic (1922)

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

Within the meaning of the civil code is the vrilful infliction of pain, bodily or mental, upon another, such as reasonably justifies an apprehension of danger to life, limb, or health. 129 Ga. 247. the life, limb, or health of the other, or create a reasonable apprehension of bodily harm. 36 Ga. 817. And may consist of duress or threats tending to injury to health, 39 L. J. P. & M. 28; 21 L. T. 564; or terrifying a wife into immorality, 35 L. J. P. & M. 37; publicly outraging a wife's feelings by insulting language and assaulting her, even though no personal injury be inflicted, 31 L. J. P. & M. 159; a violently intended, but futile, assault, or spitting on a wife, 1 Hagg. Ecc. Supp. 776; habitual insult and violence of temper, inducing quarrels and producing physical suflfering, 34 L. J. P. & M. 112; knowingly or recklessly imparting a venereal disease, L. R. 1 P. & D. 233; Id. 46; 35 L. J. P. & M. 13; as to cutaneous disease, 1 Sp. Ecc. & Ad. 205; unreasonable denial of usual necessaries and comforts so as to affect health, 3 N. C. 340; 2 Add. 382; cruelty to children in the mother's presence, in order to wound her feelings, and to such an extent as probably to be injurious to her health, 28 L. J. P. & M. 46; 42 L. J. P. & M. 23; but such acts as drunkenness, 29 L. J. P. & M. 64; debauching household servants, 34 L. J. P. & M. 139; debarring a wife from intercourse with her family, 4 Hagg. Ecc. 269; sleeping in a separate bed, 1 Hagg. Ecc. Supp. 776, are not. Cruelty is not excused by drunkenness or delirium, tremens, 28 L. J. P. & M. 13; 1 Sw. & Tr. 312; 7 W. R. 129; or ungovernable passion, 27 L. J. P. & M. 73; 1 Sw. & Tr. 192; but insanity excuses, 33 L. J. P. & M. 65; 3 Sw. & Tr. 349; 1 Sw. & Tr. 591. Extreme and Repeated. Wilful misconduct which endangers the life or health of the other spouse, or exposes her to bodily hazard and intolerable hardship and renders cohabitation unsafe. Many acts are not necessary, but there must be more than one act of violence. 138 111. 445. When charged to the wife, slight acts of violence are insufficient so long as it may be reasonably presumed that the husband will be able to protect himself. 140 111. 829. To Animals. Cruelly beating, illtreating, over-driving, or inflicting unnecessary pain. Incensing cocks to fight, 32 L.