Tietken v. Tietken
| Decision Date | 04 April 1900 |
| Parties | TIETKEN v. TIETKEN. |
| Court | Nebraska Supreme Court |
1. Evidence examined, and found to support the decree of the trial court granting a divorce from the bonds of matrimony on the ground of extreme cruelty practiced by the husband towards the wife.
2. Held, also, that the evidence supports the judgment rendered awarding the wife permanent alimony in the sum of $1,000.
Appeal from district court, Otoe county; Ramsey, Judge.
Action by Hilke Mary Tietken against John F. Tietken. Judgment for plaintiff. Defendant appeals. Affirmed.John C. Watson, John V. Morgan, and John W. Dixon, for appellant.
Sloan & Moran, for appellee.
This cause is submitted upon briefs of counsel and a printed abstract of the record and evidence, as provided by rule 2 (74 N. W. v.). The plaintiff instituted proceedings to obtain a divorce from defendant from the bonds of matrimony upon the grounds of excessive intoxication, habitual drunkenness, and extreme cruelty upon the part of and practiced by the defendant towards the plaintiff, and also for permanent alimony. The answer, except as to the allegation of the marriage, consists of a general denial. Upon the trial in the lower court it was found that the charges in the petition of cruelty and drunkenness were true, and that the defendant had been guilty of extreme cruelty towards the plaintiff. A decree of divorce as prayed was granted, and the plaintiff awarded $1,000 permanent alimony. From the decree defendant appeals. The plaintiff also complains of the amount awarded as alimony, which, it is urged, is inadequate, and not commensurate with plaintiff's equities, as disclosed by the evidence.
It is suggested by the defendant that the evidence is not sufficient to sustain the decree of divorce. With this contention we cannot agree. While the testimony on this branch of the case is limited, both as to the number of the witnesses testifying and the transactions about which they speak, the evidence sustains the judgment. The defendant's excessive use of intoxicants is made to appear from the evidence, and, while this of itself may not be sufficient to sustain the charge of habitual drunkenness, it was a contributory cause to the other charge, to wit, that of extreme cruelty. That he was guilty of extreme cruelty is, we are satisfied, fairly established by the uncontradicted evidence. It is shown that at different times he inflicted physical punishment and bodily injury upon his wife,--in one instance, by striking her in the face with his fist with such force as to draw blood; in another instance, by striking her with a crutch carried by him. It also appears that at different times he threatened to abuse and maltreat the plaintiff, and was only prevented therefrom by others, or by plaintiff escaping from him. There need be no hesitancy in pronouncing the evidence sufficient to support the decree of divorce on the ground of extreme cruelty. Walton v. Walton, 57 Neb. 102, 77 N. W. 392;Berdolt v. Berdolt, 56 Neb. 793, 77 N. W. 399;Vocacek v. Vocacek, 16 Neb. 453, ...
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