Sipp v. Sipp
| Decision Date | 07 January 1964 |
| Court | Connecticut Supreme Court |
| Parties | Mildred M. SIPP v. Elmer F. SIPP, Jr. Supreme Court of Errors of Connecticut |
John J. Sullivan, Greenwich, for appellant (defendant).
Morgan P. Ames, Stamford, with whom was G. Campbell Becket, Lakeville, for appellee (plaintiff).
Before KING, C. J., and MURPHY, SHEA, ALCORN and COMLEY, JJ.
The defendant has appealed from a judgment granting the plaintiff, his wife, a legal separation on the ground of intolerable cruelty and awarding her custody of and support for two of their three minor children and alimony. The defendant seeks to substitute 181 paragraphs of his oversized 305-paragraph draft finding for 52 of the 166 paragraphs of facts found by the court. In effect, he is attempting to retry the case on appeal. This practice has been repeatedly discouraged. Ball v. Branford, 142 Conn. 13, 15, 110 A.2d 459. The minor corrections to which he is entitled will not change the result. Aetna Casualty & Surety Co. v. Murray, 145 Conn. 427, 429, 143 A.2d 646.
There is no error.
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...In effect, the defendant is attempting to retry the case on appeal, a practice that has been repeatedly discountenanced. Sipp v. Sipp, 151 Conn. 705, 197 A.2d 73. He has made a wholesale attack on the court's finding which is unwarranted and in addition needlessly requires that a good deal ......
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...Transportation Co., 164 Conn. 633, 634, 325 A.2d 286. Obviously, the defendant is attempting to retry the facts of the case. Sipp v. Sipp, 151 Conn. 705, 197 A.2d 73. It is not the function of this court to do The credibility of witnesses must be determined by the trier. That a witness test......
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...The few corrections to which the plaintiff is entitled are of minor importance and would not change the result in any way. Sipp v. Sipp, 151 Conn. 705, 197 A.2d 73. It is not necessary to recite the extensive finding. The following is a summary of the facts found: The plaintiff constantly n......