102 Minn. 235 | Minn. | 1907
This is an appeal from an order of the district court of the county of Hennepin, denying the plaintiff’s motion for a new trial in an action for an absolute divorce on the ground of cruel and inhuman treatment. The plaintiff alleged, in substance, that the parties were married July 28, 1891, and have three minor children; that between Sep
The first contention of the plaintiff is, in effect, that the finding of the trial court that the charges of cruel and inhuman treatment made by her against the defendant were not true is not sustained by the evidence. The testimony of the plaintiff tends to support the allegations of her complaint, and she is corroborated in many particulars by other witnesses. The testimony of defendant tends to show that he was not guilty of the acts of violence towards the plaintiff to which she testified. His testimony is corroborated in some particulars by other witnesses. He did not deny that he had, at times, when angry, used profane and improper language in speaking to and of the plaintiff; but, if his testimony is true, she excited his anger by her own misconduct, although it did not justify his language. The credibility of the witnesses was a question for the trial court, and the evidence was conflicting. Such being the case, the findings of fact by the trial court must be held conclusive, as in ordinary cases of the trial of issues of fact. The finding of fact of which the plaintiff complains is amply sustained by the evidence.
The plaintiff further contends that the court errfed in receiving evidence, over her objection, to the effect that the parties had trouble
Order affirmed.