Fleming

This is an action for divorce on the ground of extreme cruelty. The material allegations of the complaint are as follows:—■

The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute *434 a cause of action, the demurrer was overruled, defendant offered no further defense to the action, the court upon the proofs taken found the facts alleged in the complaint .to be true, and judgment was entered in favor of the tplaintiff, dissolving the bonds of matrimony. From this judgment the defendant has appealed, and now insists that the demurrer ought to have been sustained, because the facts alleged are insufficient to support a finding of extreme cruelty-.

Gur statute provides that “ extreme cruelty is the infliction of grievous bodily injury or grievous mental suffering upon the other by one party to the marriage.”

Courts and elementary writers have found it impossible to define with precision what acts will constitute extreme cruelty, and it would be idle for us to review the decisions cited, because they are as variant as the language of the several statutes upon which they were founded. The habits and dispositions of different married…