187 Mich. 425 | Mich. | 1915
The bill of complaint was filed in this cause for an absolute divorce from the defendant upon the ground of extreme cruelty, and praygd for the custody of the infant child of the parties. The defendant answered fully, denying the charge of the complainant, and, claiming the benefit of a cross-bill, charged the complainant with extreme cruelty. The cross-bill was answered by specific denial of the charge, and the cause, being at issue, was heard upon testimony taken in open court. At the hearing the trial court granted a decree, dismissing complainant’s bill of complaint and granting a decree to defendant upon
The bill, of complaint was filed May 2, 1912. The complainant at that time was 25 years old, and the defendant about 21 years of age. The parties were married on August 11, 1910, and lived together until on or about April 23, 1912. Their only child, Edward G. Bloss, was born on May 30, 1911. As has already been stated, both parties to this cause charged the other with extreme cruelty, and the vital question in the case is, Which one of the parties hereto has maintained the charge? A careful reading of the record discloses the fact that there is an irreconcilable conflict in the testimony of the parties upon that subject. Most of the testimony upon both sides was given by the parties and their immediate relatives. The trial-judge saw and heard the witnesses in the case testify, and was in a better position to judge of the credibility of the witnesses than we are. We are of opinion that the charge of personal violence on the part of complainant was not sustained by the testimony, except by inference, but there was- considerable testimony given by witnesses outside the family circle, showing that complainant had been guilty of gross misconduct, amounting to extreme cruelty, in the use of profane, violent, and threatening language, severely scolding and reprimanding the defendant, charging her with neglecting her duties as a wife and mother, and with untidiness as a housekeeper; and, while the case as made by the defendant under her cross-bill is not a strong one, yet we are inclined to agree with the trial judge.
There would be no profit to the profession or to the parties interested in reviewing in detail the testimony in the case. There was testimony sufficient, if believed
Except as herein modified, the decree of the court below is affirmed. No further costs will be taxed in this court.