Greco v. Greco

356 S.W.2d 558, 1962 Mo. App. LEXIS 750
CourtMissouri Court of Appeals
DecidedApril 17, 1962
DocketNo. 30668
StatusPublished
Cited by5 cases

This text of 356 S.W.2d 558 (Greco v. Greco) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greco v. Greco, 356 S.W.2d 558, 1962 Mo. App. LEXIS 750 (Mo. Ct. App. 1962).

Opinion

DOERNER, Commissioner.

Plaintiff brought this action for divorce, alleging certain indignities. Defendant answered, denying the charges made, but sought no cross relief. Upon the conclusion of the trial the court entered a decree awarding plaintiff a divorce, the custody of the minor child of the parties (subject to certain rights of visitation and temporary custody granted defendant), and an allowance of $25.00 per week for the support of the child. Defendant prosecutes this appeal from that judgment.

In her petition the plaintiff alleged, as grounds for her action, that defendant was constantly of a nagging disposition, finding fault with and criticizing plaintiff and plaintiff’s minor children by a former marriage, all without just cause or reason; that defendant was possessed of a violent temper causing him upon occasions [559]*559to engage in heated arguments and quarrels; that defendant was cool and indifferent toward plaintiff and on numerous ■occasions stated that the only one that meant anything to him was Mary Jane, the haby born of the marriage; and that defendant had been critical, fault-finding, and unreasonably harsh in his treatment of plaintiff’s minor children by a former marriage, causing plaintiff to be in a constant turmoil.

The parties first met late in 1955 at Barnes Hospital in St. Louis, where defendant was an Associate Director and plaintiff was a volunteer worker. They were married in St. Louis County on January 1, 1956, and separated on March 21, 1958. In the interim a daughter, Mary Jane, was born on May 26, 1957. Both plaintiff and defendant had previously been married and divorced, and each had two •children by his prior marriage. Plaintiff’s children, who resided with the parties, were Roy, nicknamed Butch, and James, who at the time of the marriage were 9 and 5 years of age, respectively. Defendant’s children lived with their mother, but on infrequent occasions visited in the home of the parties.

The action was vigorously contested, the record is lengthy, and in most areas there is a sharp conflict in the evidence. Plaintiff testified that prior to the marriage she told defendant that she had had quite a lot of trouble with Butch since he was 3 or 4 years old, and that two different psychiatrists to whom she had taken him had advised her that Butch needed special handling, and a lot of affection and love. In these premarital discussions, plaintiff •said, she informed defendant that when Jimmy was 11 months old he was burned badly and was in a hospital for 5 months, during which time plaintiff spent practically all of her time with him; that that was the principal reason Butch developed a feeling of rejection; and that that was why Butch needed a loving, attentive, understanding and patient father. Defendant testified that plaintiff asked him to help her rear Butch correctly, and discipline him, and that he agreed to do so, but denied that the subject of his being a good father to the boys ever came up in the discussions.

Plaintiff testified that during the period of courtship, which was from November to January, and for the first three or four months after the marriage the defendant took Butch and Jimmy on wiener roasts, to picture shows, and out for hamburgers, and that his relationship with the children was very, very wonderful, but that about two to four months after the marriage defendant’s attitude changed, his efforts towards companionship ceased, and he imposed a regime of strict discipline on the boys, particularly Butch. The substance of plaintiff’s testimony was that defendant exhibited a lack of patience and tolerance, and that for minor transgressions defendant punished the boys severely, particularly Butch. Plaintiff testified that during the time the parties lived together defendant whipped Butch about 25 or 30 times with a belt or switch, first requiring Butch to strip from the waist down, and bend over and hold his ankles. Defendant testified that he had whipped Butch only 3 or 4 times, when Butch showed a complete lack of respect for his mother, that he used a little hedge switch tapering from a quarter to a sixteenth of an inch thick, but that he couldn’t recall ever switching him with his trousers down. Plaintiff testified that on one occasion defendant was about to whip Butch and make him strip when Marlena, defendant’s daughter by his first marriage, was in the room, but plaintiff insisted that Marlena leave the room. Defendant testified that he didn’t remember such an incident.

Plaintiff testified that defendant once “campused” or confined Butch to the small backyard for two weeks, and when Butch stepped out of the yard to retrieve a ball defendant extended the restraint for an additional week. Plaintiff also testified the campusing was a customary form of [560]*560punishment. Defendant testified he could-n’t recall the practice of campusing on his .part, and that the one time when he cam-pused Butch, for a week, Butch had deliberately thrown the dog into the wading pool, which defendant had cleaned, in violation of defendant’s instructions. Defendant testified he didn’t recall any incident when he insisted Butch remain in the yard another week because he had stepped out of the yard to get a ball. Plaintiff testified that other forms of punishment administered by defendant, particularly to Butch, consisted of restricting him to his room, depriving him of meals, refusing him permission to make his customary Friday night visit to his grandparents, and requiring Butch and Jimmy to remove ash trays and other objects of their handicraft from the parties’ bedroom to the recreation room in the basement. Defendant testified that he had never used any means of punishing Butch which plaintiff hadn’t used, and denied that he had refused to let the boys visit their grandparents or required them to remove their knicknacks to the basement. Plaintiff testified that defendant used the phrase “ ‘When I say frog, you hop.’ ” (presumably to indicate the degree of obedience he expected). Defendant conceded that he used the phrase, but said that he did so in a joking manner, and that plaintiff and her mother, Mrs. Pott, did likewise.

As a further instance of defendant’s treatment of Butch, plaintiff related that in September 1957, she and defendant went to a parent-child picnic at Community School, a private school, which Butch and Jimmy attended. Defendant told plaintiff not to ask him to sit at Butch’s table, for the sixth grade, because Butch was too mean, and defendant sat with Jimmy at the table for the second grade. During the evening Butch went to the shop and got a tool box he had made for defendant on which the word “daddy” was inscribed in big red letters. He brought it to the table where defendant was sitting and said, “ ‘Daddy, here is the tool box I made for you.’ ” In the presence of the others at the table defendant replied, “ ‘I don’t want that thing.’ ” Butch burst into tears, and in plaintiff’s words “ * * * we tried our best to get away from there as fast as we could.” Defendant admitted that he had refused to accept the tool box from Butch, in the presence of others. He testified that about three weeks before the incident he and plaintiff were having a considerable amount of trouble with Butch, and that when Butch announced one morning that he was going to make defendant a tool box defendant asked him not to because he didn’t want one; that Butch informed defendant he was going to make it whether defendant wanted it or not; and that defendant told Butch that if he had to make one to make it for his grandfather.

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Cite This Page — Counsel Stack

Bluebook (online)
356 S.W.2d 558, 1962 Mo. App. LEXIS 750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greco-v-greco-moctapp-1962.