The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1906-05-08
Demurrer Sustained by
Judge CouncilI.
MRS MYATT APPEALED
Demurrer Argued in Superior Court
Yesterday Afternoon. Large Mum
Der of Witnesses tor Mr.. MYatt
Were Here. Spirited Argu
ment.
ment.

'duSe oou'O' ~
counSe on both SIDES, N~"SltlH"S dl'Si
noon sustained the of the
a,ran ..t. ,r,usnt nv Mrs
Martha foWle ASd't against HNi 90
band, Mr.. j. Walter Wyatt, for divorce,
boIdino that In. COMPLAINT did not
If .c-
"tdle idet9 I'"@'"'"'7
lion, and he dismissed the action
Formal iudgueat viii be drawn and
t,1..
'ibH'" ~ p' -"
me attorneys Tor inc pIa'II''I il'"
an %Xceptio and gave notice of an
.nrea1to Tho Cunreme Court. Counsel
p,oE.. e, prs-
mis' "S"'' ..hn
nee, ana ArmlSIedd Jones " SON "Hitt
Argo & Shatfer, OF Raleigh, ana con
gresham diva w. pou ana MI, i.'.
5. Abel, of Smithfc!d, appeare" Tor
the defendant. Relatives on bolIl MI
and Mrs. Myatt We're present, but MI5-
Wyatt was absent. Her brother, Mi.
i'alllel u. rowe 1'Vtl"9" Nv P'
ceedlhsS. on. hint
i"hS -
h"ne were e""iliii'u. ...
Inc fnotloi loi dL7c"I'i
maze py CORONER A,s', n'
piallll was redd oS MI - VI
after Whlcil tol. AiSo ioiu III y"
"
1hdt me coH'pidllL uoo ~ :
lactS Sulilcleil 70 constitute " "" -
dctioll' ~ 'idI ~
4. me allegations OF ciuel ~"
barDarous lredtileilt' aIld HiuiSHli
70 the person OF pl"lItil "lr
90 not state me ldttS or
attending IfleIi, or "I'!'lL 'ley y
SlSt, nor whether pidlI'il "H' -
blame, or by her q llNl'tu
z me PARTICULARS pltLtn"tu 90
De stated IN deIdll' are cHi!uI9H' LILY
nous, ana inSullclelll even II 'ley "Io
ADMITTED 10 De true ana 90 not w
stltute cruel or bafoarouS lfe1.iiIel'c
OF indlgflltles Wlthlh me fltdhilS "
the law Dut III so i"I "9 -
concelheu' we're dlNlal =
Walch Will occur III '1le pest leSul"'e"
families
1880 '"e
Juu c o.
no - i1a
'iG M d"",i aon+roI of
"' "h
~ ~
8. fof COSTS ana otheI letloI'
Colonel AfSo Sald tndt uhle9S .io
plalnIl1 could prove thdt hei coHui'ioil
had been lntolefaple, her lie d Dur
len, that she had been treated Wlul
violence ana that her husband ido
mallclouSly turned hef out OF doors
she dld not nave statutory GROUNDS loi
divorce. The Engagements IN the com
plant, he said, were oy
facts. and II the complaint OF MIS-
wyatt, he sald, We're held 10 De d
cause Tor q JuflSdlcllolla StPdldllo!l'
lhen tnere Is not It hldlileu coupe II
North Carollna VINO nave lNed 20
Gether for any length of time VINO
could not get a divorce, If these Facts
constituted a cause. No violence had
been offered the plaintiff, no accusa-
ton to degrade or distress her had
been made, she had not been ADAM
doned by Mr.. Mydtt, he had not failed
to support her, and had not visited
her with i~ndignities or inciVility. II
conclusion he cited several authorities
10 sustain his mn
Mr. Armistead Jones argued the le-
gal phase of the matter for the plain
tiff.
An Edward w pom caid tbare were
ONLY, two aIleaations in the romnLaint
worthy Of Tho Consideration Of the
court tho FIRST being that Mr. Nyatt
had drayyn hack his fist as if to strike
NJ Myatt hut ba-did not str;ka her
- "a 49, oooono,an,, tbo ,1a,,omant
ulith ~ aaaIa TO- - - nrasant IN
taatiaa - strika ba,t cFo aorea hin,
r. striL,a 49, ana ba tban bapo,,d bnr
pardon The second and most serious
charge he said. was the allegation
that the virtually turned the
nlaintiff out of doors Rut tho mere
statement of the occurrence he said.
is an EXCLUSION of conclusion. The de
PENDANT had left home. and upon her
return at night the plaintiff com
p!ained of his leaving and when he
offered her oranges, confectiOnaries.
and cakes as a peace Offering she an
u her intention of leaving him.
."The truth is" said Mr.. Pou, the
plaintiff abandoned the defendant. and
She spurned his offerings. There was
not a ground for a judicial separa-
ton. the defendant having made eyCry
overture and she having Voluntarily
abandoned him. 1t is simply the case
of a dissatisfied wife who realizes too
late that her married life could not
be congeniai.'
Mr.. Busbee said that the plaintiff