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55 Okla. 67

154 P 1142

Clark v. Clark

Supreme Court of Oklahoma

Decided January 25, 1916

Supreme Court of Oklahoma · decided 1916-01-25

<p>Error .from Superior Court, Custer County; J. W. Lawter, Judge.</p> <p>Action by Fern A. Clark against- Monroe F. Clark. Judgment for plaintiff, and defendant brings error.</p>

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1916-01-25

How this case has been cited

Cited by 4 later decisions — most recently April 1986

4 state decisions

2019161920193019401950196019701980decided

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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¶1 Opinion by

MATHEWS, C.

¶2 The parties will be designated as in the trial court. This was an action' for divorce upon the alleged grounds of extreme cruelty and gross neglect of duty. The trial court .found for the plaintiff, granting a decree of divorce as prayed for, and defendant prosecutes this appeal, assigning as the only error the insufficiency of the evidence to support the verdict.

¶3 It could serve no useful purpose to review the evidence here, but we believe the same fully sustains the finding of the trial court. Plaintiff testified that defend-, ant frequently cursed her, and struck her upon three different occasions, and that he neglected her while she *68 was sick. While it is no 'uncommon occurrence to find women who do endure such outrageous treatment rather than desert their husbands, yet we will not judicially say that it is their duty to do so. If cursing and whipping one’s wife do not constitute “extreme cruelty,” it is difficult to imagine a condition that would comply with the term.

¶4 We recommend that the judgment be affirmed.

¶5 By the Court: It is so ordered.

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