Wilson v. Wilson
Decision Date | 03 May 1927 |
Docket Number | No. 74.,74. |
Citation | 238 Mich. 555,213 N.W. 719 |
Parties | WILSON v. WILSON. |
Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Monroe County; Jesse H. Root, Judge.
Suit for separate maintenance by Josephine Wilson against James A. Wilson, in which defendant filed a cross-bill for absolute divorce. Decree for defendant on cross-bill, and plaintiff brings error. Reversed and rendered.
Argued before the Entire Bench.
Clifford B. Longley, Wallace R. Middleton, E. E. Juntunen, and Golden & Nadeau, all of Detroit, for appellee.
The plaintiff has appealed from a decree of the Genesee circuit court granting the defendant a divorce.
On August 17, 1925, the plaintiff filed a petition for separate maintenance, alleging extreme cruelty. The defendant answered, denying the charges in the petition, and in a cross-bill prayed for an absolute divorce on the ground of extreme cruelty. On the hearing, the court dismissed the plaintiff's petition and granted the defendant a decree on his cross-bill.
That the marital troubles of these parties were due to the fact that the defendant consorted with other women is established by competent evidence beyond any controversy. The defendant was a member of the police force in the city of Flint. His relations with a married woman, one Mrs. Jones, was the cause of much trouble in his family, and resulted in his suspension from the police department. Mr. Cole, the chief of police, testified as to a conversation he had with the defendant, as follows:
Notwithstanding the admonitions of his chief, he continued to resort with this woman until he was compelled to resign from the force. There is other testimony showing grave misconduct on the part of the defendant, the natural result of which was to produce discord in his home. The record is conclusive that he was to blame for all of their domestic troubles. The allegations in his cross-bill are not sustained by the evidence. The court was wrong in granting him a decree.
As the cause is heard de novo in this court, we shall grant the plaintiff such relief as she is entitled to under the pleadings and evidence. This is not a proper proceeding to provide a wife with separate maintenance under the provisions of Act No. 243, Pub. Acts 1889 (3 C. L. 1915, § 11479). Her petition is substantially a bill for divorce. It makes no reference to the separate maintenance statute. As was said in Horning v. Horning, 162 Mich. 130, 127 N. W. 275:
Under the circumstances the court has jurisdiction to grant the plaintiff a decree for absolute divorce. Stouten v. Stouten, 235 Mich. 427, 209 N. W. 566. We think it for the best interests of the plaintiff and the children that this court should enter such a decree.
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Kelly v. Kelly
...rule stated in Conkey v. Conkey, 237 Mich. 326, 211 N. W. 740, and the cases therein cited, and the subsequent case of Wilson v. Wilson, 238 Mich. 555, 213 N. W. 719, the court has jurisdiction to grant Mrs. Kelly an absolute divorce, notwithstanding the fact that she has asked only for a l......
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Greene v. Greene
...of and consistent with the Michigan statutes in such case made and provided.' (Emphasis supplied) Appellee relies upon Wilson v. Wilson, 238 Mich. 555, 213 N.W. 719, and Ratcliffe v. Ratcliffe, 308 Mich. 488, 14 N.W.2d In our 1927 decision of Wilson v. Wilson, supra, plaintiff-wife sought s......
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Walker v. Walker, 41.
...of granting separate maintenance could have granted an absolute divorce, Conkey v. Conkey, 237 Mich. 326, 211 N.W. 740;Wilson v. Wilson, 238 Mich. 555, 213 N.W. 719, and having jurisdiction of the parties and subject matter, it still retains the power to grant an absolute divorce. The facts......