Radzinski v. Radzinski

Decision Date20 March 1926
Docket NumberNo. 12.,12.
Citation234 Mich. 144,207 N.W. 821
PartiesRADZINSKI v. RADZINSKI.
CourtMichigan Supreme Court

OPINION TEXT STARTS HERE

Appeal from Circuit Court, Wayne County, in Chancery; George P. Codd, Judge.

Suit by Angeline B. Radzinski against Alfred J. Radzinski, in which defendant filed a cross-bill. From a decree dismissing the bill and cross-bill, plaintiff appeals. Affirmed.

Argued before BIRD, C. J., and SHARPE, SNOW, STEERE, FELLOWS, WIEST, CLARK, and McDONALD, JJ. Collins & Thompson, of Bay City (Wm. Van Dyke, of Detroit, of counsel), for appellant.

Ernest P. La Joie, of Detroit, for appellee.

SHARPE, J.

The plaintiff and defendant were married in 1901, and lived together until December, 1922. In the bill for divorce, filed by her herein, she alleges repeated acts of extreme cruelty on his part. In his answer defendant denies such allegations and by cross-bill charges extreme cruelty on her part, and prays that a divorce be granted to him. The trial court concluded that both of the parties were at fault, and dismissed the bill and cross-bill. Plaintiff appeals.

In Kellogg v. Kellogg, 137 N. W. 249, 171 Mich. 518, this court, speaking through Mr. Justice Stone, emphasized the salutary rule theretofore laid down in Hoff v. Hoff, 12 N. W. 160, 48 Mich. 281, that, where the charges of cruelty in both bill and cross-bill are established by the proofs, neither party is entitled to any relief in a court of equity. He quoted the statute (3 Comp. Laws 1915, § 11401), and said that this court would not ‘apply a rule of comparative extreme cruelty’ in construing it. There was a similar holding in Cowdrey v. Cowdrey, 178 N. W. 678, 211 Mich. 305, in Hatfield v. Hatfield, 181 N. W. 968, 213 Mich. 368, and in Legatski v. Legatski, 203 N. W. 69, 230 Mich. 186.

It will serve no useful purpose to review the evidence. In our opinion, the trial court was clearly right in denying relief to plaintiff on the record as made.

Plaintiff's counsel complain of the action of the court in refusing to permit the children of the parties to be sworn in rebuttal. There was no such refusal. The trial judge expressed himself very forcibly as to the propriety of calling the children as witnesses in such cases. After some discussion, counsel for the defendant expressed his willingness to admit that the children would testify as counsel for the plaintiff might state. A statement was thereupon made. If we treat the part of it which would have been admissible as proof in rebuttal as though it had been testified to, we are of the opinion that it would have been but corroborative of plaintiff's testimony, and would not have affected the result reached.

This court can but suggest to counsel, as did the trial court, that the best interests of the family demand that the children of the parties should not be called as witnesses in divorce cases....

To continue reading

Request your trial
6 cases
  • Bechtol v. Bechtol
    • United States
    • Michigan Supreme Court
    • June 29, 1937
    ...52, 199 N.W. 661;Le Blanc v. Le Blanc, 228 Mich. 74, 199 N.W. 601;Legatski v. Legatski, 230 Mich. 186, 203 N.W. 69;Radzinski v. Radzinski, 234 Mich. 144, 207 N.W. 821;De Viney v. De Viney, 237 Mich. 271, 211 N.W. 633;Vardon v. Vardon, 26 Mich. 341, 253 N.W. 320, and many other opinions of t......
  • Buck v. Buck
    • United States
    • Michigan Supreme Court
    • April 5, 1948
    ...Counsel, if possible, should refrain from doing so. It is bad from a social viewpoint though not legally forbidden. Radzinski v. Radzinski, 234 Mich. 144, 207 N.W. 821;Ames v. Ames, 231 Mich. 347, 204 N.W. 117. In view of all the circumstances, the judge was not willing to brand the defenda......
  • McGuire v. McGuire
    • United States
    • Michigan Supreme Court
    • April 8, 1947
    ...297, 108 N.W. 684;Kellogg v. Kellogg, 171 Mich. 518, 137 N.W. 249;Legatski v. Legatski, 230 Mich. 186, 203 N.W. 69;Radzinski v. Radzinski, 234 Mich. 144, 207 N.W. 821;Vardon v. Vardon, 266 Mich. 341, 253 N.W. 320;McVey v. McVey, 272 Mich. 341, 262 N.W. 264. The decree dismissing plaintiff's......
  • Kauk v. Kauk, 20.
    • United States
    • Michigan Supreme Court
    • September 8, 1948
    ...offenses as great as those charged against his or her spouse. See Stiehr v. Stiehr, 145 Mich. 297, 108 N.W. 684;Radzinski v. Radzinski, 234 Mich. 144, 207 N.W. 821;McGuire v. McGuire, 317 Mich. 35, 26 N.W.2d 587, and other cases therein cited. Plaintiff's bill of complaint having been prope......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT