Stribling v. Stribling, No. 45063

CourtUnited States State Supreme Court of Mississippi
Writing for the CourtPATTERSON; This is an appeal from the Chancery Court of Warren County
Citation215 So.2d 869
PartiesJo Anne STRIBLING, Complainant/Appellant, v. Carl William STRIBLING, Defendant/Appellee.
Decision Date25 November 1968
Docket NumberNo. 45063

Page 869

215 So.2d 869
Jo Anne STRIBLING, Complainant/Appellant,
v.
Carl William STRIBLING, Defendant/Appellee.
No. 45063.
Supreme Court of Mississippi.
Nov. 25, 1968.
Rehearing Denied Dec. 9, 1968.

Prewitt, Bullard, Braddock & Vance, Vicksburg, for complainant-appellant.

Dent, Ward, Martin & Terry, Vicksburg, for defendant-appellee.

PATTERSON, Justice:

This is an appeal from the Chancery Court of Warren County, Special Chancellor, Ernest Kellner, presiding. The appellant, Jo Anne Stribling, originally filed a petition for a divorce against Carl Stribling, appellee, charging as grounds for divorce habitual cruel and inhuman treatment on his part. She prayed for a divorce, custody of the two children of the marriage, division of certain property, lump sum alimony, child support, and attorney's fees.

The defendant in his answer denied the allegations of habitual cruel and inhuman

Page 870

treatment. He specifically pled the doctrine of recrimination as a defense against the charge of habitual cruel and inhuman treatment and filed a cross bill wherein he prayed for the custody of the children in the event his wife was awarded a divorce. In support of the doctrine of recrimination the appellee specifically averred that his wife was constantly in the company of another man and that their relationship was adulterous and also constituted cruel and inhuman treatment.

The complainant answered the charge of recrimination by denying adultery and further answered by averring that if any misconduct on her part could be inferred, then the same was condoned by the appellee when he resumed cohabitation with knowledge of such conduct on the part of his wife.

After an extensive hearing, the chancellor found from the evidence that the complainant was not entitled to a divorce upon the grounds charged. It was his opinion that the proof fell short of that required to prove adultery, but did rise to the dignity of 'showing the charge thereof not to be groundless, and therefore, under the authorities, cruel and inhuman.' He then found that the charges incorporated in the recrimination plea against the wife were condoned by the defendant.

A decree was entered denying the divorce, granting custody of the children to the mother, awarding a specific amount for the support of the children to be paid by the father, establishing property rights, and attorney's fees. The complainant appeals from this decree and assigns as error that the findings of fact of the...

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6 practice notes
  • Gerty v. Gerty, NO. 2017-CP-00828-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • December 13, 2018
    ...seeking Michael's condonation of the summer 2013 fling.The defense of condonation is recognized in our law. Stribling v. Stribling , 215 So.2d 869, 870 (Miss. 1968) ; Starr v. Starr , 206 Miss. 1, 39 So.2d 520, 523 (1949). Condonation is the forgiveness of a marital wrong on the part of the......
  • Wood v. Wood, No. 56464
    • United States
    • Mississippi Supreme Court
    • October 1, 1986
    ...this matter, we need consider only the condonation issue. The defense of condonation is recognized in our law. Stribling v. Stribling, 215 So.2d 869, 870 (Miss.1968); Starr v. Starr, 206 Miss. 1, 39 So.2d 520, 523 (1949). Condonation is the forgiveness of a marital wrong on the part of the ......
  • Cheatham v. Cheatham, No. 57821
    • United States
    • United States State Supreme Court of Mississippi
    • December 21, 1988
    ...from the offending spouse on account of the conduct of the offending spouse. Gregory argues on the authority of Stribling v. Stribling, 215 So.2d 869 (Miss.1968), and Thames v. Thames, 233 Miss. 24, 100 So.2d 868 (Miss.1958), resumption of cohabitation alone condones the marital In Striblin......
  • Chaffin v. Chaffin, No. 53837
    • United States
    • United States State Supreme Court of Mississippi
    • August 17, 1983
    ...and then resumed their marital relationship. Thames v. Thames, 233 Miss. 24, 29, 100 So.2d 868, 870 (1958); Stribling v. Stribling, 215 So.2d 869, 870 The record shows the parties separated in December, 1980, but resumed cohabitation in late July, 1981. According to Thames and Stribling, ap......
  • Request a trial to view additional results
6 cases
  • Gerty v. Gerty, NO. 2017-CP-00828-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • December 13, 2018
    ...seeking Michael's condonation of the summer 2013 fling.The defense of condonation is recognized in our law. Stribling v. Stribling , 215 So.2d 869, 870 (Miss. 1968) ; Starr v. Starr , 206 Miss. 1, 39 So.2d 520, 523 (1949). Condonation is the forgiveness of a marital wrong on the part of the......
  • Wood v. Wood, No. 56464
    • United States
    • Mississippi Supreme Court
    • October 1, 1986
    ...this matter, we need consider only the condonation issue. The defense of condonation is recognized in our law. Stribling v. Stribling, 215 So.2d 869, 870 (Miss.1968); Starr v. Starr, 206 Miss. 1, 39 So.2d 520, 523 (1949). Condonation is the forgiveness of a marital wrong on the part of the ......
  • Cheatham v. Cheatham, No. 57821
    • United States
    • United States State Supreme Court of Mississippi
    • December 21, 1988
    ...from the offending spouse on account of the conduct of the offending spouse. Gregory argues on the authority of Stribling v. Stribling, 215 So.2d 869 (Miss.1968), and Thames v. Thames, 233 Miss. 24, 100 So.2d 868 (Miss.1958), resumption of cohabitation alone condones the marital In Striblin......
  • Chaffin v. Chaffin, No. 53837
    • United States
    • United States State Supreme Court of Mississippi
    • August 17, 1983
    ...and then resumed their marital relationship. Thames v. Thames, 233 Miss. 24, 29, 100 So.2d 868, 870 (1958); Stribling v. Stribling, 215 So.2d 869, 870 The record shows the parties separated in December, 1980, but resumed cohabitation in late July, 1981. According to Thames and Stribling, ap......
  • Request a trial to view additional results

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