
    Ann Magahay v. Robert Magahay.
    
      Divorce: Habitual drunkard. One who has the habit of indulging in intoxicating liquors so finnly fixed that he becomes intoxicated as often as the temptation is presented by his being in the vicinity where liquors are sold, is an habitual drunkard within the meaning of the divorce law.
    
      Submitted on briefs October 20.
    
    
      Decided October 25.
    
    Appeal in Chancery from St. Clair Circuit.
    The court below dismissed the bill, and complainant appealed.
    
      Broion db Farrand, for complainant.
    
      Mitchell db Avery, for defendant.
   Per Cubiam:

We think the evidence in this case shows that the defendant has the habit of indulging in intoxicating liquors so firmly fixed that he becomes intoxicated as often as the temptation is presented by his being in the vicinity where liquors are sold. He either makes no vigorous effort to resist and overcome the habit, or his will has become so enfeebled by indulgence that resistance is impossible. We are therefore of opinion that he is, within the meaning of the divorce laws, an habitual drunkard.

The decree below will be reversed, and a decree entered in this court as prayed.  