88 Neb. 55 | Neb. | 1910
A decree of divorce was rendered in the district court for Douglas county in favor of this plaintiff and against the defendant on the ground of extreme cruelty; and the court allowed no permanent alimony to the defendant. The defendant has appealed.
She insists that the evidence is not sufficient to justify the decree of divorce entered against her, and that in any event she should have been allowed permanent alimony, and asks for a decree for separate maintenance.
These parties were each between 50 and 60 years of age, and each had been married before. At the time of their marriage the plaintiff was living upon a farm a few miles from Omaha. He was the father of 10 children by a former marriage; three or four of them were under age, and some of them were living with him upon the farm. The defendant was supporting herself by dressmaking in Florence, a suburb of Omaha. She had no children of her own, but had cared for the children of her former husband with whom she had lived for 25 to 30 years. The petition alleges no act of personal violence on the part of the defendant against the plaintiff, but alleges many circumstances of more or less importance in which he says the defendant acted wilfully and maliciously with the purpose and intent of making his life miserable and with that result. He also alleges that the defendant, while they were living together, accused him of the crime of incest with his own daughter, and at about the time and after their separation repeated this accusation at various times and places and in the presence and hearing of many persons. The defendant admits that she made this accusation against the plaintiff, and says that the circumstances were such that she was justified in believing, and did believe, that the charge was true, and that so far as she published tli is charge she did so under advice of her counsel and friends and without any malicious motive. A large amount of evidence was taken, much of which seems to
The duly devolves upon us by the statute to determine these issues de novo from the evidence before us. Owing to the condition of this record and the manner in which it is presented, this is a difficult thing to do. At the time of the marriage, which was in July, 1907, there were living with the plaintiff on his farm his daughter, 18 or 20 years of age, and two or three sons who were younger. When the defendant entered this family she found that their habits and mode of living had been entirely different from her own, and, having a quick temper and stróng will, she at once inaugurated radical changes which would in most families be thought to improve their condition, but which seem to have been very unacceptable to the plaintiff and his children. The plaintiff testifies that “everything went fine” for 10 or 12 days, and that then the defendant worked to much and was too particular about house cleaning and in arranging the furniture about the house. She put up unnecessary curtains to the windows and made other changes in the domestic affairs, some of them quite radical and unexpected. When the plaintiff objected to these and similar things the defendant was insolent and quarrelsome, and matters became rapidly worse until there was continual quarreling and mutual hatred and abuse. The crisis came in less than three months, when the parties were separated. Then the defendant appeared to be avaricious and demanded large sums of money. It was impossible for these parties to live together, and marriage in this instance certainly was a failure. The characteristics and habits of both parties were such as to make the alliance impossible, and they both contributed to the condition that made the separation unavoidable. The plaintiff was hot a man of bad disposition, and appears to have honestly striven to remedy the existing conditions. There is no evidence of viciousness on his part or that he ever at
The finding that the defendant was not entitled to permanent alimony we think is not supported by the evidence. The plaintiff has 228 acres of land near Omaha which is divided into two farms and fairly well improved, and 80 acres of land near Anselmo, this state. He also has some money loaned and in the banks and owns some corporate stock. The evidence is meager as to the value of the plaintiff’s property. The defendant testified that at one time the plaintiff told her that his farm near Omaha was worth $50,000. This the plaintiff denies, but when upon the witness stand he refused to testify as to the value of the farm, stating that he did not know how much it was worth. The evidence that he produced from other witnesses would
The judgment of the district court disallowing alimony
Judgment accordingly.