Boeck v. Boeck
Decision Date | 16 July 1884 |
Citation | 20 N.W. 223,16 Neb. 196 |
Parties | FOLMTJE BOECK, APPELLANT, v. JOHN BOECK, APPELLEE |
Court | Nebraska Supreme Court |
APPEAL from the district court of Richardson county. Tried below before DAVIDSON, J.
REVERSED AND REMANDED.
Isham Reavis and A. Schoenheit, for appellant.
E. W Thomas, for appellee.
The plaintiff brought this action in the district court of Richardson county to obtain a decree of divorce from the defendant upon the ground of extreme cruelty. A statement of the acts of cruelty constituting the cause of action are set out in the petition, and are alleged to have been committed between the month of May, 1873, and March, 1879. The defendant, in his answer, denies the acts of cruelty complained of, pleads cruelty on the part of the wife, and that she "is a person of violent and ungovernable temper," etc. On the trial of the cause the court found for the defendant and dismissed the action. The plaintiff appeals.
It appears from the record that the parties were married in 1866, and that eight children have been born to them, six of whom are now living; that the defendant has a considerable amount of property, which seems to have been accumulated by both husband and wife. The plaintiff testifies that in the spring of 1882 she accompanied her husband to Humboldt, and on starting for home * * * *
She also testifies that he compelled her to walk home, a distance of four or five miles.
The defendant, in his direct examination, denies striking his wife at this time, but on his cross-examination he testifies as follows:
Q. She was afraid of the turning of the whip?
A. Yes.
Q. You didn't intend to strike her?
A. Yes I said if she would not let me alone I would strike her with the other end...
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