La Du v. La Du
La Du v. La Du
Opinion of the Court
The parties to this suit are husband and wife. Plaintiff filed her bill of complaint in the circuit court of Ingham county in chancery to obtain a divorce from defendant on the grounds of extreme cruelty, failure to properly provide for her, and neglect. Defendant filed an answer of denial and cross-bill, asking a divorce from plaintiff on the ground of extreme cruelty in charging him with extreme cruelty as set out in her bill of complaint, to which she filed answer of denial and reaffirmance of her charges. The testimony was taken in open court, and makes a record of ample proportions. At conclusion of the evidence and submission of the cause, the trial court pronounced it “in many ways a most unusual case,” commented in kindly tenor on the testimony, showing that “both parties are of a high grade of morality and conduct in every way,” offered the suggestion that plaintiff was of such extremely sensitive nature that perhaps the conduct of others caused her pain when not so intended, intimated that the really cruel aspect of the case was destroying their domestic happiness and breaking up their home by permitting petty differences to keep them apart, found that the facts relied upon as ground of divorce did not, as a matter of law, sustain the charges of extreme cruelty made by either, and decreed dismissal of both bill and cross-bill, from which plaintiff has appealed to this court.
Immediately after their marriage they took a trip to California and were gone about three months. On their return they stayed two or three months at her parents’ home, and then settled down to housekeeping by themselves, first in apartments and later'in their home on Pine street. While yet living in the apartments plaintiff passed through a serious illness resulting from childbirth which detrimentally affected her health thereafter. The infant did not survive.
Plaintiff was an only child, and. soon after they settled in their own home on Pine street her parents removed there also, under arrangements then mutual
“For the welfare of my daughter I moved into a house with a man I knew I did not like, or my husband.”
After the parents moved to a separate house plaintiff freely and frequently visited them with the knowledge and consent , of defendant, but said she did not ask him to go with her “because the feeling was so I thought it would not be wise,” although he subsequently bought Christmas presents for her parents and asked her to deliver them, which she stated she did not do because she felt they were not given in a Christmas spirit. That the dislike of her mother for defendant and lack of cordiality between him and her parents put her in a trying position, and became a disturbing factor in this case, seems very manifest, and an examination of the testimony with reference to that feature discloses much- running through the record, confirming the conclusion of the trial court “that from the evidence produced the parties would now be living together if it were not for the interference of the parents of plaintiff.”
On August 21, 1915, plaintiff left her husband and went to her parents, refusing thereafter to return to her own home and him. She left when their relations were apparently pleasant and there was no disagree
“That week he was helping I think about the house a little, a little more than usual, because he had the time.”
The morning following this dinner she was not feeling well, but wanted to do some ironing, and defendant remained around the house assisting her. In the afternoon they attended the theater together at his suggestion. She complained of not feeling well during the performance, and at its conclusion expressed her intention of going to her mother’s. He testifies that he told her, when she complained of feeling unwell, that he—
“would be glad to go with her and look after her and get medicine, and she said she thought she had better go down home; that is, to her mother’s.”
This she does not deny. He accompanied her to the street car. She testified that when she left him she promised to call him up later, which she did, telling him she was not feeling any better, and would stay at her parents’ that night, to which he answered, “All right, stay; it is all right with me;” and requested her to call him up again in the morning, but she was unable to do so, owing to her condition. Not hearing
“No, you have no more scarlet fever than I have; it is broken down nerves, you have all gone to pieces.”
One of her charges of extreme cruelty is defendant’s neglect of her during this illness. It is undisputed that he was solicitous as to her and with offers of assistance tried to keep in touch with her, telephoning from time to time and, eventually, calling at the house, more than once. The number of times he called and manner in which he was received is not made clear, but she testified on cross-examination that he called and saw her once while she was ill, kissed her when he came into the room, asked when she was coming home, requested her to call him up the first time
“He said, Ts there anything you want?’ I said, ‘No.’ He said, Ts there anything you want, anything I can do; call me up or let me know’ — something of that sort, and he left me. * * * When he came to see me that day I said, T expected you to see me before, Bert.’ He said he did not know whether to come or not. Then I called him over the telephone again— no, he called me over the telephone, and said I had not called him as I said I would. T told him no, I did not call him because I felt if he was really interested he would call me or let me know he was interested in some way, and that was about all our conversation amounted to over the telephone.”
That evening, as she states, she wrote him “a nice long. letter,” of which she kept a copy, detailing in graphic and far from complimentary terms his shortcomings and her grievances as she saw them, at the conclusion of which she informed him she felt she had “come to the end of the road. Our paths must part, we must go in different directions.”
This he did not answer, traverse, or deny to her, but in a conversation over the telephone admitted in reply to her inquiry that he had received it, and said he was surprised. She states that the next time she saw him after sending the letter they met in the post office and had a short conversation, in which he told her it was hard for him to be alone, and he wished she would come home. Her letter was written on September 3d and on September 25th this suit was begun. Defendant, however, continued his efforts to induce his wife to return to him, finally seeking the intervention of mutual friends and relatives of hers, including her uncle, who had known both of them for years and her since childhood, and the pastor of the church which she attended. Several of these parties, undisputedly old friends and well-wishers of both, apparently actu
Many of plaintiff’s charges of cruelty range in a field of delicate consideration and sentiment beyond the commonly recognized scope of legal' relief. In that aspect it may be conceded that as to certain of the amenities they tend to relegate defendant to that unfortunate but not uncommon type of husbands who fail to rise to the prenuptial ideals of their wives. She tells of noting a change in his demeanor after marriage, and of her first awakening to this reality, while they were yet living at her parents’, in the following incident:
*664 “Mr. La Du suggested that we go out for a walk one evening, and he said to me — it had been raining —and he said I had better wear my rubbers. I said ‘All right, will you kindly bring them to me?’ And he seemed very much surprised, and said, ‘Why, can’t you wait upon yourself?’ I said, ‘Yes, I can,’ and I went and got my rubbers. It was a small matter, but it hurt me very much because Mr. La Du had been very kind and wanted to do everything he could for me until that time. It was quite a shock to me and hurt me very much. * * * That was what I call my first disappointment.”
Other incidents of somewhat similar bearing are related by her as showing neglect and lack of affection. She, however, acquits defendant of most of the more glaring and familiar acts of extreme cruelty with which the courts are accustomed to deal, testifying of him on cross-examination in part as follows:
“Mr. La Du was not given to drinking to excess, nor gambling to my knowledge, nor swearing, nor cursing at me. He did not strike me. He did not threaten to strike me. He did not choke me. * * * He was not a dead beat. He always tried to pay his bills. * * * Mr. La Du helped me about the house with the housework. He wiped the dishes for me sometimes. I do not know that he ever washed the dishes. Once in a while he turned the wringer while washing the clothes. I did not have to ask him; he was very kind. He did not volunteer much after we left the flat while I was in a delicate condition. He was very kind to help me, while we were living in the flat and while I was in my delicate condition. I would say that Mr. La Du did all he could to help me. He could have used more affection and helped me that way. I never required him to do the housework. I expected to take care of that part myself. * * * Mr. La Du always kissed me when he left the house, because I expected it. Sometimes it lacked affection, but he always went through the form. In my mind it was not done in the proper spirit.”
She defined her grounds for divorce as follows:
*665 “Specifically that cruelty consists in his failure to treat me nicely and affectionately, and at times he treated me crossly, and his financial failure to provide for me as stated here in my testimony.”
Her general charge of financial failure to provide for her is not borne out by the record. His earnings are shown to have been fairly devoted to their family finances and payment on property taken in both their names. He first bought in their joint names a pleasant home, which was comfortably furnished, where they lived until she left him. While together they had an account with a leading grocer, upon which she could order as she saw fit. They had a joint bank account, upon which she could draw at any time. That she was a capable housekeeper, made their home attractive, and managed their household affairs economically is not questioned. She was equally interested with him in their joint prosperity, and while living together each evidently had confidence in and co-operated with the other for their common welfare. The following statement by defendant as to their financial affairs is fairly sustained by the record and supported by her testimony in many particulars:
_ “I was not laying aside any savings account of any kind, any money unknown to her, in which she did not have a share. She and I were on the same basis so far as family finances were concerned. We have had a joint bank account in which both our names were good at the bank practically ever since we were married. It was the State Savings Bank. There was always a balance there. Sometimes large, and sometimes small. It was never overdrawn. Mrs. La Du was at liberty to draw checks on that account. The bank was informed her signature was good. It was never refused that I know of. She drew checks on account. We usually had one check book, and sometimes I had the check book and sometimes it was home. When I was away from home it was always left home. * * * I never refused her money or a check when I had it.”
The charge is made in her bill that defendant neglected and refused to provide her necessary and proper medical attendance at the time of her confinement and later. If fairly put in issue by conflicting testimony, this would call for most serious consideration, but the farthest her testimony suggests in that direction is lack of proper manifestations of sympathy and solicitude for her, which he strenuously denies. It appears from her own testimony that at the time of her serious illness during confinement she was provided with two trained nurses, and three physicians attended her. Of this she says:
“During my confinement I think he did all that was expected at that time. He did not neglect or refuse to provide médical attendance.”
But she claims that he was indifferent about and neglected to provide for a subsequent surgical operation, which the physicians advised, to relieve her of conditions resulting from her confinement. The operation was not performed, and their testimony is at variance as to defendant’s active interest in providing for, or favoring it, but the physician she at one time expressed a preference for testified that defendant consulted him regarding the matter; that an examination was held and arrangements were made for him to perform an operation, and Mr. La Du seemed quite
“I thought if I could make it do it would save expense. * * * Immediately after the examination by Dr. Russell when the subject of operation was up I began to take Christian Science treatments to relieve myself.”
We find no occasion to disagree with the, findings and conclusion of the trial court that, eliminating from consideration defendant's evidence, plaintiff has failed to prima jucie present such a case of extreme cruelty and failure to provide as charged in her bill, or recognized by the courts as constituting legal ground for divorce.
Defendant has not appealed from dismissal of his cross-bill. His only indicated grievance against his wife is the charges which she made against him and her refusal to return to him, which are not now .here for review or consideration beyond their connection with her demand for divorce.
The decree is affirmed, without costs.
Reference
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- LA DU v. LA DU
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