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Jewell v. Jewell

Citations: 88 N.W.2d 595; 351 Mich. 618; 1958 Mich. LEXIS 545Docket: Docket 94, Calendar 47,421

Court: Michigan Supreme Court; March 6, 1958; Michigan; State Supreme Court

Narrative Opinion Summary

In a divorce case before the Supreme Court of Michigan, the defendant wife appealed the lower court's decision granting a divorce to the plaintiff husband on grounds of cruelty. The parties were married for a brief period without children, during which the husband alleged cruelty due to the wife's bad temper and false accusations of infidelity. The trial court found that the wife's obsessive behavior, including repeated calls and disruptions at family gatherings, constituted extreme cruelty, justifying the husband's claims. Additionally, during the proceedings, the wife admitted to making accusations and seeking psychiatric help, which supported the husband's case. The court ordered the husband to repay the wife $7,500 for financial contributions during the marriage as a property settlement rather than alimony, to be paid in monthly installments. The Supreme Court affirmed this decision, acknowledging the trial court's discretion in evaluating the testimonies and awarding costs to the appellee. This ruling underscores the judicial process in determining cruelty and differentiating between property settlements and alimony in divorce proceedings.

Legal Issues Addressed

Appellate Review of Trial Court's Discretion

Application: The appellate court affirmed the trial court's decision, underscoring its discretion in assessing the credibility of testimonies.

Reasoning: The Supreme Court affirmed the trial court's decision, emphasizing the discretion exercised by the trial court in assessing the credibility of the testimonies presented.

Awarding of Costs on Appeal

Application: The appellate court awarded costs to the appellee as part of the affirmation of the trial court's judgment.

Reasoning: Costs were awarded to the appellee, with all justices, except one, concurring in the decision.

Divorce on Grounds of Cruelty

Application: The court applied the legal principle of extreme cruelty by evaluating the husband's claims of emotional distress caused by the wife's behavior.

Reasoning: The trial court found the wife's conduct constituted extreme cruelty, supporting the husband's claims of emotional distress and disruption of his business.

Property Settlement versus Alimony

Application: The court distinguished between property settlement and alimony by characterizing the repayment to the wife as a property settlement.

Reasoning: The court clarified that this payment should be characterized as a property settlement rather than alimony.