Smith v. Smith

Mr. PRESIDING JUSTICE STENGEL

delivered the opinion of the court:

Joseph C. Smith, defendant, appeals from a decree of divorce entered in favor of Billie M. Smith, plaintiff.

Defendant first contends that the court erred in granting the divorce because the finding that plaintiff proved mental and physical cruelty against defendant was manifestly against the weight of the evidence and because plaintiff failed to establish an absence of provocation.

At the trial before the court, plaintiff, her father and mother, and the parties’ 15-year-old daughter testified that defendant often engaged in…