Steere v. Steere, 2610
| Decision Date | 02 March 1954 |
| Docket Number | No. 2610,2610 |
| Citation | 267 P.2d 750,72 Wyo. 501 |
| Parties | STEERE, v. STEERE. |
| Court | Wyoming Supreme Court |
G. R. McConnell, Laramie, for plaintiff and respondent.
Sullivan & Sullivan and J. R. Sullivan, Laramie, for defendant and appellant.
This is an action for divorce brought by George W. Steere as plaintiff against Gladys M. Steere, defendant. The parties were married in New Mexico in 1942 and lived together until the early part of 1947. It seems that at that time the defendant wanted to get a divorce from the plaintiff and the parties entered into a contract as to their property rights. At that time plaintiff gave all the property he had to the defendant, consisting of bonds, postal savings, shares in a mutual building and loan association and his automobile, the property amounting to approximately $6,000. Thereafter, however, the parties lived together again for approximately a year, at which time, as plaintiff testifies, defendant 'kicked' the plaintiff out of the house in which they were living and they have not lived together since that time. No children were born of their marriage. Plaintiff is a locomotive engineer. Defendant is a beauty parlor operator. Plaintiff is now approximately 38 years of age and the defendant is approximately 50 years of age. The marriage was the defendant's fourth marriage.
This action was instituted in the district court of Albany county of this State on June 9, 1952. The pleadings--following largely the statement of counsel for defendant--are as follows: Plaintiff and defendant were married on April 27, 1942, at Raton, New Mexico. Plaintiff, in his petition, prayed for a divorce, charging his wife with intolerable indignities, stating that the indignities rendered were such as to make his life unbearable and intolerable. He alleged specifically that the defendant attempted on two occasions to kill him; had him arrested without cause; had written letters to officials of the Union Pacific Railroad Company, for which company he worked, accusing him of working while intoxicated; that she constantly accused him of consorting with other women. Plaintiff and defendant entered into a property settlement and plaintiff gave to the defendant property of the value of approximately $6,000.
Defendant filed her answer admitting the date of marriage; that there were no children as issue of their marriage; denied that she was guilty of acts of cruelty; admitted that she tossed a cream jar while plaintiff was abusing her; admitted that she received certain property from the plaintiff but alleged that there was no agreement that the property settlement was final and that the plaintiff voluntarily turned the property over to her to avoid prosecution because he had beaten her a short time before. Defendant denied that the plaintiff was a true and faithful husband; admitted that there was no collusion between the parties, and further alleged a series of indignities imposed upon her by the plaintiff, consisting of physical assaults of varying degree of intensity, such as beating her, kicking her, threatening her life; that he frequently came home intoxicated and would tell the defendant of his affairs with other women; that on numerous and various occasions, the plaintiff beat, struck and kicked the defendant; that plaintiff beat the defendant with a beaded belt and as a result the defendant's entire body was black and blue and that she has suffered physically ever since and that her ability to earn a living has been impaired. These allegations of the defendant were denied by the plaintiff in his reply filed in the case. The case was tried to the court without a jury. The court found generally in favor of the plaintiff and rendered judgment herein granting a divorce to the plaintiff but allowing the defendant $300 as fees for her attorney. From that judgment, the defendant has appealed to this court.
Both the plaintiff as well as the defendant testified at length as to the indignities alleged in their respective allegations. It is the contention of counsel for the defendant that plaintiff in his testimony was not sufficiently corroborated. Our statute, § 3-5932, W.C.S. 1945, states as follows: 'No decree of divorce, and of the nullity of a marriage, shall be made solely on the declarations, confessions or admissions of the parties, but the court shall in all cases require other evidence in its nature corroborative of such declarations, confessions or admissions.' This statute makes no reference to testimony and is radically different from the statutes of most of the states. The divorce in this case is not sought to be obtained on declarations, confessions or admissions as contemplated therein. We stated in Dawson v. Dawson, 62 Wyo. 519, 529, 177 P.2d 200, 203, referring to our statute, as follows: ...
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Gill v. Gill
...classify or distinguish between the plaintiff's own testimony and that which is corroborative, in view of the holdings in Steere v. Steere, 72 Wyo. 501, 267 P.2d 750, and Dawson v. Dawson, 62 Wyo. 519, 177 P.2d 200, to the effect that a divorce may be granted on plaintiff's uncorroborated t......
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Boschetto v. Boschetto, 2873
...herein is voluminous. Aside from exhibits, we have some 350 pages of typewritten testimony before us. As we stated in Steere v. Steere, 72 Wyo. 501, 267 P.2d 750, we see no good reason to relate the testimony in great detail. It will subserve no good purpose. That is particularly true in vi......
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Piner v. Piner, 4190
...inference which may be reasonably and fairly drawn from it. The case is quite similar to the one which was involved in Steere v. Steere, 72 Wyo. 501, 267 P.2d 750, 753. In that case, as in this one, it was contended the testimony was insufficient to sustain the charge of indignities. The co......