Thompson v. Thompson
North Dakota Supreme Court
Erom a judgment of tbe District Court of Divide County, Leighton, J., defendant appeals. There is no corroboration of the plaintiff, and her charge of cruel and inhuman treatment is unsupported and is based only on her own testimony. Rev. Codes, § 4069; Reid v. Reid, 112 Cal. 274, 44 Pac. 564. Further, in such cases, where the testimony of the parties is in conflict, that of the defendant is entitled to the greater weight.
Read the full summary
Erom a judgment of tbe District Court of Divide County, Leighton, J., defendant appeals. There is no corroboration of the plaintiff, and her charge of cruel and inhuman treatment is unsupported and is based only on her own testimony. Rev. Codes, § 4069; Reid v. Reid, 112 Cal. 274, 44 Pac. 564. Further, in such cases, where the testimony of the parties is in conflict, that of the defendant is entitled to the greater weight. Rie v. Rie, 34 Ark. 37; Ortman v. Ortman, 92 Mich. 172, 52 N. W. 619; Sowers v. Sowers, 33 Phila. Leg. Int. 220; Jenkins v. Jenkins, 86 111. 340; Paden v. Paden, 28 Neb.…
1Opinion of the CourtChristianson, J.
Plaintiff brought, an action for divorce on the statutory ground of extreme cruelty. The trial court found in favor of plaintiff, and entered judgment of absolute divorce, and awarded her the custody of the only child, a daughter about two and a half years old; and also permanent alimony in the sum of $1,100, $100 attorney’s fees, and $150 for expenses and suit moneys. Defendant appeals from the júdgment, and demands a trial de novo in this court.
Appellant asserts that the judgment appealed from must be reversed for two reasons: (1) That plaintiff’s testimony is uncorroborated; (2) that such…
2Cases cited9 opinions
- Carpenter v. CarpenterSupreme Court of Kansas · 1883
- MacDonald v. MacDonaldCalifornia Supreme Court · 1909
- Mosher v. MosherNorth Dakota Supreme Court · 1907
- Doolittle v. DoolittleSupreme Court of Iowa · 1889
- Clopton v. CloptonNorth Dakota Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Ruff v. RuffNorth Dakota Supreme Court · 1952
- Schillerstrom v. SchillerstromNorth Dakota Supreme Court · 1948
- Fleck v. FleckNorth Dakota Supreme Court · 1953
- Eller v. EllerSupreme Court of Minnesota · 1930
- Orwick v. OrwickNorth Dakota Supreme Court · 1967
5 more not listed; retrieve them via the Exa API.