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87 Ind. 481

Rose v. Rose

Indiana Supreme Court

Decided November 15, 1882

Indiana Supreme Court · decided 1882-11-15

<p>From the Wayne Circuit Court.</p>

Cited in Anderson (1889)’s definition of “Confederation”

Good law ✅— No negative treatment on recordhow we know

Decided 1882-11-15

How this case has been cited

Cited by 3 later decisions — most recently March 1945

3 state decisions

101882189019001910192019301940decided

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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Morris, C.

¶1The appellee filed in the court below her petition against the appellant for a divorce, charging the appellant with cruel treatment, extending through several years. The appellant answered the complaint by a general denial. The cause was submitted to the court for trial. The court found in favor of the appellee. The appellant moved for a new trial. The motion was overruled, and a decree of divorce rendered in favor of the appellee.

¶2The overruling of the motion for a new trial and the ren-dering of judgment for the appellee are assigned as errors.

¶3We have looked through the evidence, and think it tended strongly to support the finding of the court. The appellee testified to a number of acts of cruelty on the part of the ¿appellant, commencing in 1878 and continuing up to the time that she left him. He dragged her about, struck her, denounced her, applying to her the most opprobrious epithets. If her testimony is to be believed, he treated her with inexT ■cusable cruelty. Her testimony is corroborated by several other witnesses.

¶4The appellant insists that, by living with him, the appellee condoned and forgave him the wrongs testified to by her. •Condonation is, in such cases, always conditional. The cruelty inflicted upon the appellee just before she separated from the appellant revived the preceding wrongs, which had been forgiven only upon condition that they should not be repeated. *482There was testimony in the case opposed to that produced by the appellee; but as her testimony, if true, abundantly justified the finding of the court, we must, as the court below found' it to be true, so regard it. We can not say that the finding-of the court was not supported by sufficient evidence, nor that it was contrary to law. There is no error in the judgment rendered upon the finding. The judgment below should be-affirmed.

Per Curiam.

¶5It is ordered, upon the foregoing opinion,, that the judgment below be affirmed, at the costs of the appellant.

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