Button v. Button
Oregon Supreme Court
From Coos: John S. Coke, Judge. Department 1. The parties to this case were married' October 12, 1906, and have a daughter now of the age of nine years. The complaint charges the defendant with cruel and inhuman treatment and personal indignities toward the plaintiff rendering her life burdensome, making specifications not necessary to be quoted. The answer was a general denial without new matter.
1Per curiam
The testimony indicates that the plaintiff was in poor health, on account of which she was somewhat querulous, and that the defendant was penurious and disputatious. Cruelty cannot be measured accurately like the dimensions of a solid body. It is a question of fact, dependent upon the circumstances and individuals involved. What would be cruel to a delicate, sensitive woman might not be so *579to a brawling fishwife. The trial judge had before him the parties and witnesses in person, heard the testimony, saw the demeanor of the litigants, and had a far better opportunity to settle intelligently…
2Cited by6 opinions
- Costello v. CostelloOregon Supreme Court · 1926
- Vinson v. VinsonOregon Supreme Court · 1924
- Deuchar v. DeucharOregon Supreme Court · 1941
- Orwick v. OrwickNorth Dakota Supreme Court · 1967
- Orwick v. OrwickNorth Dakota Supreme Court · 1967
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