121 Mich. 236 | Mich. | 1899
(after stating the factsj dissenting).
“The law does not permit courts to sever the marriage bond, and to break up households, merely because parties, from unruly tempers or mutual wranglings, live unhap*239 pily together. It requires them to submit to the ordinary consequences of human infirmities and of unwise selections, and the misconduct which will form a good' ground for a legal separation must be very serious, and such as amounts to extreme cruelty, entirely ^subverting the family relations by rendering the association intolerable. Our statutes do not confine such cruelty to mere physical violence, which is by no means the worst injury that can be inflicted on persons of refined sensibility; but the grievance,, of whatever kind, must be of the most aggravated nature to justify a divorce. While the proof shows that these parties lived in very unpleasant relations, it is not clear that matters had proceeded to extremity.”
That language describes this case.
Decree should be reversed, and bill dismissed.
I cannot agree with the conclusion reached by the Chief Justice. The testimony was taken in open court, where the circuit judge had an opportunity to see the witnesses, and to judge of their truthfulness. The testimony is conflicting, and the appellate court ought to be fully persuaded it must have reached a different con
The testimony about the value of the property belonging to defendant is conflicting, but I am satisfied it warranted the conclusion of the trial judge, and that his order for alimony should stand.
The decree should be affirmed, with costs.