204 Wis. 401 | Wis. | 1931
The evidence in this case does not warrant a finding that up to the time the plaintiff left defendant her offenses exceeded in quality or number those of which he was guilty. She had annoyed him by her anxious watching over her foster son and had in effect accused-him of infidelity and of wanting to get rid of plaintiff. She put an unwarranted emphasis on the unusual taste of the water from the teakettle. On the other hand he accused her of being lazy and of infidelity and immoral conduct with her foster son. There was no more basis for the accusations of the one than for those of the other. The attitude of witnesses at the time of the trial, their interest in the outcome of the action, and their general .bearing upon the witness stand are to be taken into consideration in considering the credibility of the witnesses, but the judgment of the court cannot be based upon impressions. In the absence of testimony susceptible of the interpretation, consistent with opinions formed from things observed on the trial, there is no case.
The trial court found in its eleventh finding, “the history of this marriage and the whole situation creates the impression that it was a rather carefully-thought-out scheme on the part of the plaintiff to acquire what she could obtain of
The trial court saw the parties and formed the opinion that the plaintiff was of a nature that was not susceptible to hurt by the conduct of the defendant and that she was more interested in the money she was to or might acquire than in the comfort and companionship of a home. The record, giving due consideration to those things which are made to appear upon the trial and which may properly assist the trial court in forming an opinion as to the credibility of witnesses, warrants denying her divorce on her complaint, but it also discloses a course of conduct on his part that makes it impossible to say that he is so free from fault that her conduct entitles him to have his prayer for divorce granted.
The doctrine of recrimination in relation to divorce ac
When differences reach the point where the husband and the wife are antagonistic and no common effort to accomplish a mutual understanding is made and there exists no suggestion of a generous effort by either to relieve the other, where each is at fault, and there is evidence that one is as guilty as the other, neither is entitled to a divorce. The policy of this state as fixed by the legislature in that event is that neither shall have a divorce.
There is no evidence of a fraudulent attempt on the part
Antenuptial agreements between parties of the age of these parties circumstanced as they were, are not unusual and are not to be regarded with suspicion. The fact that this venture seems to have ended disastrously does not indicate that either party was acting in bad faith when it was entered into, and in view of the fact that the treatment of the husband by the wife about equals the treatment extended by him to her, the judgment as entered must be reversed.
By the Court. — Judgment reversed, with directions to dismiss plaintiff’s complaint and defendant’s counterclaim; appellant to recover costs.