Donaldson v. Donaldson

• Decision Date: 15 September 1903
• Citation: 96 N.W. 448,134 Mich. 289
• Court: Michigan Supreme Court
• Parties: DONALDSON v. DONALDSON.

96 N.W. 448

134 Mich. 289

DONALDSON v. DONALDSON.

Supreme Court of Michigan

September 15, 1903

Appeal from Circuit Court, Muskegon

Suit by John J. Donaldson against Orene Donaldson for divorce. Decree for complainant. Defendant appeals. Affirmed.

Cross & Lovelace, for appellant.

C. W Sessions, for complainant.

MOORE J.

In this case each party is seeking a divorce from the other--the complainant upon his bill of complaint, the defendant upon her answer in the nature of a cross-bill. The ground of divorce alleged in each case is extreme cruelty. The proofs were taken in open court. A decree was granted to complainant. Defendant was given the household furniture $250 alimony, and the costs, and was required to release her interest in complainant's real estate. She brings the case here by appeal, claiming the decree should have been granted her upon her cross-bill, and that a larger amoung of alimony should have been decreed to her. The record shows complainant was 37 years old. The defendant is 11 years younger. Complainant married his first wife in 1899. Six months later, on January 25, 1900, he obtained a decree of divorce from her. In June, 1900, the parties to this litigation got acquainted with each other. The defendant was then the mother of four small children, living apart from her husband, from whom she obtained a divorce on the 24th day of October, 1900. On the 8th of November, 1900, she married the complainant. They commenced quarreling the next day, and according to the testimony of each of them, the quarrel was almost continuous until this bill was filed, the 9th of October, 1901. According to the testimony of the husband, the wife without occasion casion accused him of unchastity, and called him vile names, and made life perfectly miserable for him. According to the testimony of the wife, the conditions were completely reversed. Her testimony is that without occasion the complainant was jealous of her, and called her vile names. She claims he agreed to support her two little girls by her former husband, and refused to do so. Testimony that covers nearly 150 pages in the printed record was taken in open court. It is not possible to harmonize this testimony. Someone is not telling the truth. It is a case where it is especially desirable to see and hear the witnesses, to observe their manner of giving testimony, their candor, or lack of candor their intelligence, or lack of intelligence, There are many aids possessed by the judge who hears the oral testimony in deciding who of the witnesses are truthful that do not get upon the printed page. The case made by the testimony offered on the part of the complainant, if believed, justified the decree made by the circuit judge....