Jarrett v. Jarrett

• Decision Date: 05 November 1963
• Citation: 195 A.2d 430,151 Conn. 180
• Court: Connecticut Supreme Court
• Parties: Donald E. JARRETT v. Lillian E. JARRETT. Supreme Court of Errors of Connecticut

Page 430

195 A.2d 430

151 Conn. 180

Donald E. JARRETT v. Lillian E. JARRETT.

Supreme Court of Errors of Connecticut.

Nov. 5, 1963.

Frank A. Piccolo, New Haven, for appellant (defendant).

Arnold M. Potash, New Haven, with whom, on the brief, were Alexander Winnick and Edward B. Winnick, New Haven, for appellee (plaintiff).

Before KING, C. J., and MURPHY, SHEA, ALCORN and COMLEY, JJ.

SHEA, Associate Justice.

The plaintiff obtained a decree of divorce on the ground of intolerable cruelty. The defendant has made what in effect is a wholesale attack on the finding of the trial court. We have repeatedly pointed out that attacks of this nature rarely produce any beneficial results. Krupa v. Farmington River Power Co., 147 Conn. 153, 157, 157 A.2d 914. Facts can be added to the finding only when they are admitted or undisputed. A fact is not admitted or undisputed merely because it has not been contradicted. The question of credibility is one for the trier. Shakro v. Haddad, 149 Conn. 160, 162, 177 A.2d 221. The defendant's brief and appendix have not been printed as required. Practice Book, 1963, § 723. The brief fails also to refer to pages of the appendix on which the pertinent evidence is quoted or narrated. See Practice Book, 1963, § 713; Brown v. Connecticut Light & Power Co., 145 Conn. 290, 293, 141 A.2d 634. We do not examine the transcript of testimony of find the evidence, if any, which supports a finding under attack or a finding sought by a party but refused by the trial court. Vitale v. Gargiulo, 144 Conn. 359, 362, 131 A.2d 830. Our consideration of this case is not to be construed as a relaxation of the rules. A perusal of all of the claims of the defendant in respect to the finding shows that none of them justifies or supports any change or correction in the finding.

The case was strongly contested. The principal claim of error is that the plaintiff failed to offer may corroborating evidence to support his claim that the conduct of the defendant constituted intolerable cruelty and that the plaintiff failed to offer any witnesses or documents to show the mental and physical effect of such cruelty on him. It is true that ordinarily divorces will not be granted on the uncorroborated evidence of the parties, but if a ground for divorce has been clearly established, a party is not precluded from a judgment dissolving the marriage by reason of the fact that his evidence lacked corroboration by other witnesses. Kilpatrick v. Kilpatrick, 144 Conn. 738, 131 A.2d 645; Senderoff v. Senderoff, ...