Butler v. Butler

Michigan Supreme Court

Butler v. Butler

256 N.W. 357, 268 Mich. 387, 1934 Mich. LEXIS 809

CourtMichigan Supreme Court

DecidedSeptember 18, 1934

DocketDocket No. 136, Calendar No. 37,962.

StatusPublished

This text of 256 N.W. 357 (Butler v. Butler) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Butler v. Butler, 256 N.W. 357, 268 Mich. 387, 1934 Mich. LEXIS 809 (Mich. 1934).

Pincite

Opinion

Wiest, J.

This is an appeal by defendant from a decree granting plaintiff separate maintenance and denying him a divorce from the bonds of matrimony under his cross-bill.

The circuit judge found defendant guilty of extreme and repeated cruelty and awarded plaintiff a weekly allowance, use of the home and furniture and upkeep thereof.

The main ground of cruelty was defendant’s association with and attentions paid to a married woman. Whether plaintiff’s suspicions were well-founded or not we need not say for, in any event, *388 his attitude toward plaintiff was cruel and inexcusable. He claims that his wife was of a jealous and nagging disposition and exercised unjust domination over all of his friendships. The record furnishes the particulars of the one instance of alleged dominance and enough appears to justify the attempted restraint, and no excuse for his determination to pursue the course he took.

The record has been carefully read and brings us to agreement with the circuit judge in awarding plaintiff a decree for separate maintenance. .

The decree is affirmed, with costs to plaintiff.

Nelson Sharpe, C. J., and Potter, North, Fead, Butzel, Bttshnell, and Edward M. Sharpe, JJ., concurred.

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Wiest, J.

This is an appeal by defendant from a decree granting plaintiff separate maintenance and denying him a divorce from the bonds of matrimony under his cross-bill.

The circuit judge found defendant guilty of extreme and repeated cruelty and awarded plaintiff a weekly allowance, use of the home and furniture and upkeep thereof.

The main ground of cruelty was defendant’s association with and attentions paid to a married woman. Whether plaintiff’s suspicions were well-founded or not we need not say for, in any event, *388 his attitude toward plaintiff was cruel and inexcusable. He claims that his wife was of a jealous and nagging disposition and exercised unjust domination over all of his friendships. The record furnishes the particulars of the one instance of alleged dominance and enough appears to justify the attempted restraint, and no excuse for his determination to pursue the course he took.

The record has been carefully read and brings us to agreement with the circuit judge in awarding plaintiff a decree for separate maintenance. .

The decree is affirmed, with costs to plaintiff.

Nelson Sharpe, C. J., and Potter, North, Fead, Butzel, Bttshnell, and Edward M. Sharpe, JJ., concurred.

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Bluebook (online)

256 N.W. 357, 268 Mich. 387, 1934 Mich. LEXIS 809, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-butler-mich-1934.