Brick v. Brick

• Citation: 33 N.W. 761,65 Mich. 230
• Court: Michigan Supreme Court
• Decision Date: 07 July 1887
• Parties: BRICK v. BRICK.

33 N.W. 761

65 Mich. 230

BRICK v. BRICK.

Supreme Court of Michigan

July 7, 1887

Appeal from superior court of Detroit.

Bill for divorce. On rehearing. See 31 N.W. 907.

Peter E. Park, for complainant.

M.B. Breitenbach, for defendant and appellant.

CAMPBELL, C.J.

This case was heard and decided at the January term; the appeal being dismissed because the decree appeared to be a consent decree. A showing was afterwards made that this entry was a mistake, and that the consent was merely to waive some matters of technicality. We therefore allowed a rehearing. Upon review of the facts, we think complainant made out such a case of personal violence and cruelty as justified the court below in granting a divorce. The alimony granted was the conveyance of defendant's interest in a lot of land. This is not a usual method, but we do not see that it does any wrong here. The property is of small value comparatively, and the circumstances of its acquisition render it quite just that complainant should have it. We are not disposed to disturb the decree, and it is affirmed. No costs beyond taxed costs are called for.

(The other justices concurred.)