Brewer v. Brewer
Decision Date | 13 November 1940 |
Docket Number | No. 114.,114. |
Citation | 294 N.W. 715,295 Mich. 370 |
Parties | BREWER v. BREWER. |
Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Suit for divorce by Maurice D. Brewer against Anne Brewer. From a decree of divorce, defendant appeals.
Decree vacated, and bill of complaint dismissed.
Appeal from Circuit Court, Genesee County, in Chancery; Phillip Elliott, Judge.
Argued before the Entire Bench.
Stockton, Cline & George, of Flint, for appellant.
Cook & Stipes, of Flint, for appellee.
Defendant appeals from a decree of divorce on the ground that plaintiff did not sustain the burden of proving extreme cruelty. The parties were married in 1928. They separated in 1936, remaining apart for about five months, and again separated in September of 1938. Plaintiff's bill of complaint was filed several days after the last separation.
Defendant was charged with habitually nagging, abusing and humiliating plaintiff, withholding love and affection, and refusing marital relations. Plaintiff also claimed that defendant encouraged their only child, a daughter, to disobey him. All of these charges were denied by defendant. The important testimony was given by the parties, although several other witnesses were called.
At the termination of the hearing, the court reserved decision because the complete contradictions in the testimony made it difficult to determine the facts.
We are mindful of the rule expressed in Brookhouse v. Brookhouse, 286 Mich. 151, 281 N.W. 573, 574, where the court said:
But the advantage possessed by the trial judge does not relieve this court from the duty of exercising its own judgment in passing upon the evidence. Emery v. Emery, 181 Mich. 146, 147 N.W. 452.
The statute (3 Comp.Laws 1929, § 12729, Stat.Ann. § 25.87) does not define extreme cruelty, and the determination thereof must be made from the facts and circumstances in each case. Whitman v. Whitman, 286 Mich. 458, 282 N.W. 215.
As stated by Mr. Justice Campbell in Cooper v. Cooper, 17 Mich. 205, at page 210,97 Am.Dec. 182: ...
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Godfrey v. Godfrey, 13
...to extreme cruelty, entirely subverting the family relations by rendering the association intolerable."' Quoted in Brewer v. Brewer, 295 Mich. 370, 294 N.W. 715, from Cooper v. Cooper, 17 Mich. 205, 210, 97 Am.Dec. We quoted with approval from 9 R.C.L. p. 337 in Bolthuis v. Bolthuis, 233 Mi......
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Kolberg v. Kolberg
...N.W. 573;Stratmann v. Stratmann, 287 Mich. 94, 282 N.W. 914;Westgate v. Westgate, 291 Mich. 18, 288 N.W. 860.’ See also, Brewer v. Brewer, 295 Mich. 370, 294 N.W. 715. The decree dismissing plaintiff's bill of divorce is affirmed. No costs are allowed.STARR, C. J., and NORTH, WIEST, BUTZEL,......
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Unjian v. Unjian
...and therefore he created a great disturbance and at a time like that. I didn't know what to think or what to do.' In Brewer v. Brewer, 295 Mich. 370, 294 N.W. 715, 716, this Court quoted with approval from Cooper v. Cooper, 17 Mich. "The law does not permit courts to sever the marriage bond......
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