Stringer v. Stringer, 37528
| Decision Date | 12 June 1950 |
| Docket Number | No. 37528,37528 |
| Citation | 46 So.2d 791,209 Miss. 326 |
| Parties | STRINGER v. STRINGER. |
| Court | Mississippi Supreme Court |
O. M. Oates, Bay Springs, for appellant.
Welch, Cooper & Welch, Laurel, for appellee.
Appellee sued for a divorce from appellant upon the sole ground of habitual cruel and inhuman treatment, consisting of alleged quarreling, nagging, failure to provide proper support, and one single act of alleged personal violence. From a decree granting that relief the husband appeals and contends that the same is contrary to the overwhelming weight of the evidence, and argues in connection therewith that the evidence is insufficient to support a decree for divorce.
In considering this contention it is well to keep in mind certain rules of law established by our decisions. One is that it is a rare case in which we will reverse a chancellor upon a disputed question of fact, and that we should accept his finding upon those matters which are supported by direct evidence as well as upon all conclusions which may be reasonably deduced therefrom. Another is that his decree is not conclusive and binding upon us unless there are sufficient facts and reasonable conclusions from those facts to support the decree.
There was a sharp conflict in the evidence on every essential fact in this case with the evidence strongly preponderating in favor of appellant. Since we would not reverse upon a mere preponderance of the evidence, we must on this appeal accept as true everything proved by appellee in making out her case. The record is voluminous, being more than 400 pages, but when it is all condensed the appellee's proof is simply this: That appellant at times was quarrelsome, that he did not provide the necessities of life as liberally as he could have, and that on the day before filing of this suit he choked appellee inflicting bruises which disappeared within about two weeks. It is not contended that he ever cursed or abused her or called her improper names, nor that his treatment in any manner impaired or endangered her life, limb or health, nor that the bruises allegedly inflicted upon her were sufficient to required medical attention. The parties were married to each other in 1941, both having been previously married. The husband is now 70 years of age and the wife is 65 years of age. Neither is in good health. She admitted that she is nervous and that she quarrels at him. These, in short, are the facts upon which appellee relies in support of the decree.
Section 2735 of the Mississippi Code of 1942 authorizes the granting of a divorce upon any one...
To continue reading
Request your trial
-
Burnett v. Burnett, 46859
...239, 247, 108 So.2d 872, 875 (1959); Skelton v. Skelton, 236 Miss. 598, 603, 111 So.2d 392, 393-394 (1959); Stringer v. Stringer, 209 Miss. 326, 330, 46 So.2d 791, 792 (1950); Russell v. Russell, 157 Miss. 425, 430-431, 128 So. 270, 272 (1930). In discussing habitual cruel and inhuman treat......
-
Rosamond v. Rosamond
...(1915); Russell v. Russell, 157 Miss. 425, 128 So. 270 (1930); Price v. Price, 181 Miss. 539, 179 So. 855 (1938); Stringer v. Stringer, 209 Miss. 326, 46 So.2d 791 (1950); McBroom v. McBroom, 214 Miss. 360, 58 So.2d 831 (1952); Sandifer v. Sandifer, 215 Miss. 414, 61 So.2d 144 Furthermore, ......
-
Drew v. Drew, 43005
...the preponderance of the credible testimony. Early v. U. S. Fidelity & Guaranty Co., 181 Miss. 162, 176 So. 720; Stringer v. Stringer, 209 Miss. 326, 46 So.2d 791; Cassell v. Cassell, 211 Miss. 841, 52 So.2d 918; Thames v. Thames, 222 Miss. 617, 76 So.2d 707; Jones v. Jones, 227 Miss. 1, 85......
-
Ellis v. Ellis
...preponderance of the credible testimony. Early v. United States Fidelity & Guaranty Co., 181 Miss. 162, 176 So. 720; Stringer v. Stringer, 209 Miss. 326, 46 So.2d 791; Cassell v. Cassell, 211 Miss. 841, 52 So.2d 918; Thames v. Thames, 222 Miss. 617, 76 So.2d 707; Jones v. Jones, 227 Miss. 1......