Tanner v. Tanner

Opinion by

Baldrige, P. J.,

The wife filed a libel seeking a divorce on the grounds of cruel and barbarous treatment and indignities. The learned court below, sitting without a jury, found that she failed to sustain her charges and dismissed the action. The wife, dissatisfied with the disposition of the case, appealed.

The determination of the appeal hinges largely on the credibility of the conflicting testimony of the wife and husband. While it is our duty to carefully examine the testimony and base our conclusion on our own independent judgment, we realize the judge who saw the witnesses,…