Gundry v. Gundry

136 N.W.2d 728, 1 Mich. App. 475, 1965 Mich. App. LEXIS 249

Opinions

T. G. Kavanagh, J.

This matter was tried on the bill of complaint for divorce by Rose Ann Gnndry and cross bill of complaint by John Lee Gnndry, both actions alleging extreme cruelty. A judgment was entered awarding plaintiff a divorce and the defendant appeals.

A reading of the record in this case establishes clearly that both parties were guilty of extreme cruelty. This circumstance requires that the complaint and cross complaint both be dismissed. CL 1948, § 552.10 (Stat Ann 1957 Rev § 25.90); Sovereign v. Sovereign (1956), 347 Mich 205.

Accordingly, the judgment of divorce entered below is hereby set aside and a judgment dismissing the complaint and cross complaint may enter here.

No costs.

J. H. Gillis, P. J., concurred with T. G. Kavanagh, J.