Juda v. Juda

• Decision Date: 03 April 1950
• Docket Number: No. 78,J,78
• Citation: 327 Mich. 321,41 N.W.2d 883
• Parties: JUDA v. JUDA. anuary Term.
• Court: Michigan Supreme Court

Page 883

41 N.W.2d 883

327 Mich. 321

JUDA v.JUDA.

No. 78, January Term.

Supreme Court of Michigan.

April 3, 1950.

Nicholas Salowich, Detroit, for plaintiff and appellant.

Walter A. Stempien, Detroit, for defendant and appellee.

Before the Entire Bench.

BUSHNELL, Justice.

PlaintiffWalter Juda and defendantMargaret Juda were married in 1933.They had two children before they separated in 1944.The husband sued for divorce in 1945, alleging extreme cruelty.Mrs. Juda denied the allegations and did not file a cross-bill.The trial judge dismissed the bill of complaint, asserting that both parties were equally responsible for the difficulties of their homelife.Plaintiff appeals.

No divorce may be granted where the complaining party is guilty of the same misconduct that he charges.C.L. 1948, § 552.10,Stat.Ann. § 25.90;Cook v. Cook, 245 Mich. 339, 222 N.W. 738;McGuire v. McGuire, 317 Mich. 35, 26 N.W.2d 587;andKauk v. Kauk, 322 Mich. 291, 33 N.W.2d 798.

The record shows that the defendant is a nagging, quarrelsome woman, inclined to profanity and temper tantrums.But it likewise discloses that plaintiff participated in their fights, precipitated trouble by drinking with friends in their two-room house, and having them remain overnight, stayed away from home himself at other times, and was not above suspicion when his wife was at the hospital.

The trial judge saw and heard the witnesses and his decision is supported by the record.Chubb v. Chubb, 297 Mich. 501, 298 N.W. 111, andEthridge v. Ethridge, 322 Mich. 578, 34 N.W.2d 447.

Affirmed.Defendant not having filed a brief, no costs will be allowed.

BOYLES, C. J., and REID, NORTH, DETHMERS, BUTZEL, CARR and SHARPE, JJ., concur.