Robinson v. Robinson, 34124
| Decision Date | 19 April 1957 |
| Docket Number | No. 34124,34124 |
| Parties | Ella L. ROBINSON, Appellee, v. George L. ROBINSON, Appellant. |
| Court | Nebraska Supreme Court |
Syllabus by the Court
1. A decree of separate maintenance may be granted only when the evidence brings the case within the scope of the statute providing for such relief.
2. A decree of separate maintenance may not be granted on the uncorroborated declarations or admissions of the parties to the case.
Arthur J. Whalen, George B. Boland, Omaha, for appellant.
Burbridge & Burbridge, Omaha, for appellee.
Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.
The plaintiff, Ella L. Robinson, filed this suit for an absolute divorce against the defendant, George L. Robinson, on the ground of extreme cruelty. The defendant denied plaintiff's charge of misconduct and prayed for a dismissal of her petition. The trial court denied the plaintiff an absolute divorce and granted her a decree of separate maintenance. The defendant has appealed.
The parties were married on October 6, 1932. Plaintiff is 56 years of age and had two sons by a previous marriage. Defendant is 60 years of age and had three children by a previous marriage. No children were born to the parties to this suit. The children of the plaintiff lived in the home most of the time until they became self-supporting. The children of the defendant lived with their mother and were never in the home of these parties. The evidence is clear that the children of the parties were never a cause of dissension and were not a contributing factor to the divorce proceeding. The record shows that the parents of the plaintiff lived with the parties during the winter for 12 years or more and since 1953 have lived with them permanently. The evidence is undisputed that defendant had a very high regard for plaintiff's parents and approved of their living in the home. The care and support of plaintiff's parents in the home in no manner contributed to the marital difficulties of the parties.
At the time of the marriage defendant had approximately $8,500 and two automobiles. After spending the first years after the marriage as a traveling salesman, defendant embarked in the construction business. In 1941 he went through bankruptcy when he owed about $4,000. Subsequent to receiving his discharge in bankruptcy he paid off this indebtedness. Commencing in 1947 defendant began to accumulate considerable property. He engaged in the manufacture of metal corner bead for dry wall construction and metal trim for doors and windows. The business became very profitable. He had also become engaged in the construction and sale of residence properties. While there is great conflict in the evidence as to his net worth at the time the divorce was commenced, the record indicates that it was at least $200,000. In view of the result at which we arrive, we shall not determine the extent of his holdings with any degree of certainty.
As grounds for a divorce the plaintiff alleges that on August 25, 1955, defendant threatened her life, that he became moody and used vile and profane language toward the plaintiff and guests visiting in the home, and that he would absent himself from the home without explanation. She asserts that this caused her to become nervous and in ill heath, and that his acts have completely destroyed the objects of matrimony. The defendant denies any misconduct on his part. The record does show that plaintiff lost weight and became nervous. The evidence fails completely to corroborate her statements as to any misconduct on the part of the defendant and the trial court was in all respects correct in denying her an absolute divorce.
The defendant asserts that the evidence is insufficient to support a decree for separate maintenance, attorney's fees, and costs. The determination of this issue requires a further consideration of the evidence.
The plaintiff contends that defendant once threatened her life. The defendant denies it. The circumstances were as follows: Plaintiff says that defendant was driving her to a garage to get her automobile which was there for repairs. She says he started to condemn her daughter-in-law and she told him to talk about his daughter-in-law and not hers. She states that he swore and said: 'Some of these days I am going to kill you.' The defendant says that he complained to the plaintiff about her daughter-in-law turning her three little boys against him and 'that is going to kill me.' Plaintiff asked why he did not bring up his own daughter-in-law. At that time they arrived at the garage and defendant said: 'You had better get out right now.' There is no corroboration of this incident in the record.
Plaintiff complains about the defendant going to California in January 1956 and refusing to take her with him. He says he offered to take her if she would get a suitable person to care for her parents. She wanted her brother to come into the home for this purpose. Defendant refused to permit this, but was agreeable to employing a practical nurse. Plaintiff refused to do this, and defendant stated she would have to remain and do it herself. The evidence shows that defendant left more than $1,000 in the bank subject to her check when he left. She drew out this money and used some of it for a plane trip to Arizona to visit her son. Upon her return she filed this suit for a divorce.
The plaintiff complains that defendant took $50,500 with him on his trip to California without informing her. The defendant states that he expected to set up another manufacturing plant or establish two warehouses on the west coast to further his business interests. He testifies that although he had an established credit, a substantial bank account permitted him to operate more expeditiously. Upon his return he immediately told the plaintiff where the money was deposited and offered to show her his bank book. It is true that he did not tell her his intentions before he left. Plaintiff appears to have the notion that the removal of this money out of the jurisdiction was a violation of his marital obligations. There is no merit to this contention. She complains also that defendant did not communicate with her during this 5-week trip. The evidence shows that defendant did communicate with his office in Omaha and requested plaintiff's son to advise his mother wher...
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