Kneale v. Kneale

• Decision Date: 05 November 1873
• Citation: 28 Mich. 344
• Court: Michigan Supreme Court
• Parties: Hugh Kneale v. Mary A. Kneale

28 Mich. 344

Hugh Kneale v. Mary A. Kneale

Supreme Court of Michigan

November 5, 1873

Submitted on Briefs October 28, 1873

Appeal in Chancery from Ingham Circuit.

Divorce. Defendant appeals. Decree reversed and bill dismissed.

Decree reversed, and the bill dismissed.

Dart & Wiley, for complainant.

Huntington & Henderson, for defendant.

OPINION

Cooley J.

This is a bill for divorce on the ground of adultery. The adultery being denied, issues were framed and submitted to a jury, who were required to find, first, whether the adultery charged had been committed, and second, whether it had been condoned. The jury found against the defendant on the first issue, and failed to agree on the second. The case was then, by stipulation, submitted to the circuit judge on the testimony taken before the jury, and he has decreed a divorce.

One thing is very apparent from the evidence: that the standard of propriety of each of the parties is low; that the woman has indulged in a good deal of shameful talk, and that some of complainant's conduct has been equally reprehensible. The evidence relied upon to prove adultery is mainly circumstantial, except whet is given by the children of the parties, who are called to testify to the adulterous conduct of their mother, witnessed by them at an age when they could scarcely be supposed able to understand the significance of facts sworn to. Leaving out this evidence, the case would not be established; and we think it exceedingly unsafe to grant a divorce on the testimony of such children, and are not disposed to...