Juda v. Juda

Plaintiff Walter Juda and defendant Margaret Juda were married in 1933. They had 2 children before they separated in 1944. The husband sued for divorce in 1945, alleging extreme cruelty. Mrs. Juda denied the allegations and did not file a cross bill. The trial judge dismissed the bill of complaint, asserting that both parties were equally responsible for the difficulties of their home life. Plaintiff appeals.

No divorce may be granted where the complaining party is guilty of the same misconduct that he charges. CL 1948, § 552.10 (Stat Ann § 25.90); Cook v. Cook, 245 Mich 339; McGuire v.…