McDougall v. McDougall

The opinion of the court was delivered by

Hoyt, J.

This was an action for divorce, and was heard upon the merits. On such hearing, the court below granted to the plaintiff a decree of divorce, with other relief. It is with great reluctance that this court disturbs a decree of a lower court on a review of the facts found by such court upon proofs taken before it. In this case, however, there is such an absolute want of proof to sustain the findings of the court that we feel compelled to interfere. The testimony of the plaintiff, if all taken as true, establishes only such a state of facts that,…