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50 Mich. 438

Kline v. Kline

Michigan Supreme Court

Decided April 25, 1883

Michigan Supreme Court · decided 1883-04-25

<p>Appeal from -Cass. (A. J. Smith, J.)</p> <p>Divorce bill. Complainant appeals.</p>

Good law ✅— No negative treatment on recordhow we know

Dismissal affirmed · Decided 1883-04-25

How this case has been cited

Cited by 3 later decisions — most recently March 1928

3 state decisions

1018831890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Graves, C. J.

¶1For nearly half a century these parties *439have lived together in wedlock, and now in their old age an attempt is made to procure a dissolution of the marriage. The cause comes here after a dismissal of the bill by the circuit judge.

¶2The application is based on two grounds : First, that the defendant has become an habitual drunkard; second, that'he has been guilty of extreme cruelty.

¶3It is evident that the parties are not specially refined, and that their ways of life and habits of speech ought not to be tried by the standard of manners and conversation peculiar to very cultivated people. The only just and safe course is to judge of them by the rule which respectable persons of the same class would spontaneously acknowledge. No doubt the defendant has given way to the evil habit of drink, and by means of it has brought discomfort to his home and trouble and sorrow to his aged wife. All this is extremely reprehensible, and no excuse can be given for it. But the question here is whether either of the alleged grounds of divorce is well proved — whether it is made out that he has become an habitual drunkard or has been guilty of the extreme cruelty charged. And after a careful study of the record we reach the conclusion that the weight of evidence favors neither, and that the circuit judge committed no error when he dismissed the bill.

¶4The Court would especially lament the necessity of severing the bonds of marriage between persons so old and so long married; but, of course, were the facts sufficient the unpleasant duty could not be evaded.

¶5The decree below must be affirmed

The other Justices concurred.
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