Buettmann v. Buettmann

CLEMENS, Commissioner.

The trial court denied both the plaintiff-wife’s petition for divorce and the defendant-husband’s crossbill for divorce. Both appealed. We note the scope of our review. Under Civil Rule 73.01, V.A.M.R., we review the case on both the law and the evidence, making our findings of fact but giving regard to the trial court’s better opportunity to judge the credibility of witnesses, and we may reverse only if the decree is clearly erroneous.

For either party to be entitled to a divorce that party must be innocent, that is, free of conduct which would entitle the other to a…