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McGonegal v. McGonegal

Document Cited in 47 Precedent Map Related
Decision Date27 April 1881
Citation8 N.W. 724,46 Mich. 66
CourtMichigan Supreme Court
PartiesMcGONEGAL v. McGONEGAL.

8 N.W. 724

46 Mich. 66

McGONEGAL v. McGONEGAL.

Supreme Court of Michigan

April 27, 1881

Evidence in proceedings for divorce on ground of drunkenness held insufficient to warrant a decree.

Appeal from Wayne.

C.J Riley, for defendant.

COOLEY J.

The bill in this case was filed to obtain a divorce from the bonds of matrimony on the ground of the habitual drunkenness of the defendant. The circuit judge was of opinion that the case was not made out, and dismissed the bill. The evidence in the record is not such that any court can feel entirely confident what decree ought to be made; but the circuit judge had better opportunities than we have to judge of the relative credibility of witnesses; and we are not inclined under such circumstances to reverse his decree in a case of doubt. And we are the less disposed in this case for the reason that...

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15 cases
  • Dep't of Envtl. Quality v. Sancrant
    • United States
    • Court of Appeal of Michigan — District of US
    • June 24, 2021
    ...inherently within the trial court's purview to evaluate the credibility of the witnesses who appeared before it. McGonegal v. McGonegal , 46 Mich. 66, 67, 8 N.W. 724 (1881) ; In re Loyd , 424 Mich. 514, 535, 384 N.W.2d 9 (1986). Nevertheless, "doubt about credibility is not a substitute for......
  • People v. Blevins
    • United States
    • Court of Appeal of Michigan — District of US
    • February 11, 2016
    ...solely from the question being close must be resolved in favor of leaving the trial court's decision untouched. See McGonegal v. McGonegal, 46 Mich. 66, 67, 8 N.W. 724 (1881). The extent to which the proffered evidence is persuasive is matched by the extent to which it is dubious. We are th......
  • People v. Baskerville
    • United States
    • Court of Appeal of Michigan — District of US
    • August 20, 2020
    ...forensic evidence that Calhoun had been shot by two guns. We do not dismiss the trial court's reservations. See McGonegal v. McGonegal , 46 Mich. 66, 67, 8 N.W. 724 (1881). However, although it is sometimes appropriate for a court to remove a credibility assessment from the jury's considera......
  • In re Keillor
    • United States
    • Court of Appeal of Michigan — District of US
    • June 28, 2018
    ...believe the testimony given by one of the children, which is the prerogative of the trial court, not this Court. McGonegal v. McGonegal , 46 Mich. 66, 67, 8 N.W. 724 (1881). Considering all the evidence—specifically: (1) respondent’s bizarre testimony that she would do anything to bring the......
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