Fleck v. Fleck

(Dissenting) I dissent.

Plaintiff brought this action for divorce against the defendant on the ground of extreme cruelty. The statute (NDRC 1943, 14-0505) declares “extreme cruelty is infliction by one party to the marriage of grievous bodily injury or grievous mental suffering upon the other.” The defendant answered in denial and also by way of counterclaim alleged extreme cruelty on the part of plaintiff. After a prolonged trial and the examination of a large number of witnesses including both plaintiff and defendant all of whom appeared in person and testified before the court, the trial…