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Hooker v. Hooker

Robert C. Hooker v. Lucinda Hooker

Hooker v. Hooker, 61 So. 121 (Fla. 1913)
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Court
Supreme Court of Florida · State Highest Courts
Decided
January 28, 1913
Judges
Cockrell, Hocker, Shackleford, Taylor, Whitfield
Citations
61 So. 12165 Fla. 53
Disposition
Decree affirmed.
Syllabus
To introduce into tlie bed-room of an invalid wife a loose woman in an almost nude condition coupled with lewd behavior constitutes extreme cruelty under the divorce law.
Summary
Appealed from the Circuit Court for Hillsborough County.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Cockrell

Text extracted by OCR from a scanned original; check the original for exact wording.

Cockrell, J.

In this case the wife sued for a divorce upon the grounds of adultery, extreme cruelty and habitual indulgence of a violent and ungovernable temper. The decree was granted upon the last two grounds, and the husband appeals.

There is sharp conflict in the evidence upon all the charges, but we find from a careful reading of the record that extreme cruelty is made out, and the decree will not be disturbed.

While the wife was in bed from the effects of a most *54 serious operation, the husband over her protest introduced into the house as a servant a woman of known dissolute character who with his evident approval, came into the room of himself and wife in an almost nude condition, and entered with him into the game of peek-a-boo, at the same time casting lascivious glances at him. There were other acts of impropriety testified -to as to this woman, and when the wife from her sick bed complained, the husband encouraged the woman in her tart replies to the wife. There were also conduct and remarks of the husband as to another woman that would naturaly drive any pure woman, as was the wife, to the verge of insanity, inflicting the most cruel sufferings.

These facts justify the divorce under the ruling in Palmer v. Palmer, 26 Fla. 215 , 7 South. Rep. 864 , and bear no relation to the harmless flirting spoken of in Hancock v. Hancock, 55 Fla. 680 , 45 South. Rep. 1020 .

The decree is affirmed.

Shackleford, C. J., and Taylor, Hocker and Whitfield, J. J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1927: 11935: 11936: 119272026peak 1927 · 1

Relies on it most ⓘ

  1. Currie v. Currie162 So. 152 (Fla. 1935)
  2. Baker v. Baker114 So. 661 (Fla. 1927)
  3. Walstrom v. Walstrom168 So. 532 (Fla. 1936)

Most recent

  1. Walstrom v. Walstrom168 So. 532 (Fla. 1936)
  2. Currie v. Currie162 So. 152 (Fla. 1935)
  3. Baker v. Baker114 So. 661 (Fla. 1927)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Hancock v. Hancock, 55 Fla. 680 (1908) 40
Palmer v. Palmer, 26 Fla. 215 (1890) 21

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