Rysdam v. Rysdam

Nov 2, 1938
Reporters:
, ,
Before:
Belt
BELT, J.

This is a divorce proceeding wherein the defendant is charged with cruel and inhuman treatment. Defendant, ‍​​​​‌‌​​‌​‌​‌‌​‌​‌​‌‌​​​‌‌​​​‌​‌​‌‌​​‌​​​‌​​​‌​‌‌​​​‌‌​​​​‌‌​‌‌​‌​‌‌​‌‌‌‌‌​​​‌​‌‌​‌​​​​​‌​‌‌​‌​‌‍after denying the allegations of cruelty, answered by way of a cross complaint, alleging that plaintiff was guilty of cruel and inhuman treatment towards him. The trial court rendered a decree of divorce in ‍​​​​‌‌​​‌​‌​‌‌​‌​‌​‌‌​​​‌‌​​​‌​‌​‌‌​​‌​​​‌​​​‌​‌‌​​​‌‌​​​​‌‌​‌‌​‌​‌‌​‌‌‌‌‌​​​‌​‌‌​‌​​​​​‌​‌‌​‌​‌‍favor of plaintiff, awarding her custody of the three minor children and certain interests in the real property owned by defendant. From this decree, the defendant appeals.

*154 There are no questions of law involved. The ‍​​​​‌‌​​‌​‌​‌‌​‌​‌​‌‌​​​‌‌​​​‌​‌​‌‌​​‌​​​‌​​​‌​‌‌​​​‌‌​​​​‌‌​‌‌​‌​‌‌​‌‌‌‌‌​​​‌​‌‌​‌​​​​​‌​‌‌​‌​‌‍decision hinges solely upon questions of fact concerning which there is a direct conflict in the evidence. The able and experienced trial judge, who saw and heard the witnesses testify, is better able ‍​​​​‌‌​​‌​‌​‌‌​‌​‌​‌‌​​​‌‌​​​‌​‌​‌‌​​‌​​​‌​​​‌​‌‌​​​‌‌​​​​‌‌​‌‌​‌​‌‌​‌‌‌‌‌​​​‌​‌‌​‌​​​​​‌​‌‌​‌​‌‍to determine the truth than we who are compelled to make deductions from the cold record. A consideration of the testimony, however, convinces us that the findings of the lower court are supported by ‍​​​​‌‌​​‌​‌​‌‌​‌​‌​‌‌​​​‌‌​​​‌​‌​‌‌​​‌​​​‌​​​‌​‌‌​​​‌‌​​​​‌‌​‌‌​‌​‌‌​‌‌‌‌‌​​​‌​‌‌​‌​​​​​‌​‌‌​‌​‌‍the greater weight of the evidence.

It follows that the decree is affirmed.

Rossman and Kelly, JJ., not sitting.