McGorkey v. McGorkey

• Decision Date: 08 June 1953
• Docket Number: No. 14,14
• Citation: 336 Mich. 698,58 N.W.2d 818
• Parties: McGORKEY v. McGORKEY.
• Court: Michigan Supreme Court

Page 818

58 N.W.2d 818

336 Mich. 698

McGORKEY v.McGORKEY.

No. 14.

Supreme Court of Michigan.

June 8, 1953.

George E. Day, Detroit, for plaintiff and appellee.

Leslie T. Jones, Detroit, for defendant and appellant.

Before the Entire Bench.

CARR, Justice.

The parties to this case were married in 1937.Thereafter they resided in Rochester, New York, in the home of defendant's parents, until their separation in 1942.One child, now 12 years of age, was born of the marriage.In 1945plaintiff brought suit for divorce in Wayne County, Michigan.The following year the parties became reconciled and plaintiff returned to Rochester where he lived with defendant in the home of her parents until the latter part of December, 1947, when, because of differences arising between the parties, he left and thefeafter returned to Detroit.

The present suit was instituted in September, 1949.Plaintiff alleged in his bill of complaint that defendant had been guilty of extreme and repeated cruelty toward him in that she had refused to live with him and to accompany him to a home of their own, that she had abused him without reason, and had used profane and improper language in addressing him.Defendant by answer denied plaintiff's charges.Following a hearing in circuit court the trial judge came to the conclusion that plaintiff's proofs entitled him to the relief sought.A decree was entered accordingly, granting plaintiff an absolute divorce and requiring him to pay $20 per week for the support of the minor child, custody of said child being granted to the mother.From such decree defendant has appealed, claiming that under the proofs submitted the plaintiff was not entitled to the relief granted him, and that his bill of complaint should have been dismissed.

On the trial of the caseplaintiff testified in substance that defendant was unwilling to leave the home of her parents and live elsewhere with him and the child.There is no showing, however, that plaintiff at any time actually procured for his family a suitable home, other than that pof defendant's parents.He further testified that defendant indicated by her attitude toward him a lack of affection, that she treated him unkindly, and that she objected to marital relations.As a witness in her own behalf defendant denied plaintiff's claims, insisting that she had not been guilty of any conduct toward plaintiff that amounted to extreme and repeated cruelty, that plaintiff was responsible for their marital difficulties, and that she had not used improper language in addressing him.Her testimony as to her attitude was materially impeached by a letter written by her in April, 1945, to plaintiff, who was then in Detroit, in which she used obscene and otherwise improper language.It will be noted that the parties were subsequently reconciled and lived together in Rochester for more than a year.

Without reference to other questions in the case it must be said that plaintiff's conduct during the time that he was living separate and apart from defendant is subject to criticism.On the witness stand he admitted that he had sought the company...