Broz v. Broz
Broz v. Broz
Opinion of the Court
Mary Broz, plaintiff, sued for divorce in Saline county on the grounds of extreme cruelty, drunkenness, and profligacy. She also prayed for the custody and control of their two minor children, Leonard and Irene, now. aged seven and five years, respectively, and for alimony and attorney fees. Plaintiff was awarded a divorce; the custody of the children; $25 a month in advance for maintenance of the children from May 1, 1922, until the further order of the court, and $4,000 alimony. Defendant appeals.
From the first year of their married life, and until some time before this suit was begun, the parties lived on a farm in Saline county. On plaintiff’s part, the evidence discloses an appalling state of moral delinquency on defendant’s part. According to his wife’s, and other, evidence in the record, her husband’s bestiality ánd the cruelties he practiced toward her are so revolting that they are quite 'beyond the bounds of decent expression in words. Hence, the major iniquities charged against defendant, as related by his wife, and other witnesses in her behalf, will not be recounted here.
. Two hired men who worked for defendant on the farm were called in his behalf. They testified, in substance, that they never saw plaintiff doing any outside work on the farm, and another testified to the same effect, and added that he never saw defendant under the influence of liquor.
Defendant denied the truth of the statements of all the witnesses who testified against him. ' He further testified that, before the suit was begun, plaintiff condoned his acts of which she has made complaint.
Defendant’s plea of. condonation is not supported by the record. That plaintiff ever condoned his cruelties in the manner contended for by defendant is not established. On the contrary, his cruelties continued up to almost the very moment of her enforced separation from him. Defendant cites Dunn v. Dunn, 26 Neb. 136. But this case does not support his contention. In the Dunn case it was disclosed that, for some time before the action was commenced, plaintiff and defendant had freely cohabited together as husband and wife. But this fact does not appear in the present case, but, as above noted, his cruelties were continuous to the end.
Defendant also complains that the court allowed plaintiff excessive alimony. We do not think so. It was shown that $2,000 was given to plaintiff by her parents and this money was used to buy some of the land which is now defendant’s property. Her parents also furnished the young people yúth a good deal of household goods and other property when they were married.
The evidence, in respect of defendant’s financial worth, is conflicting. But it is sufficient to support the findings of the court, and the judgment will not therefore be disturbed. Nathan v. Nathan, 102 Neb. 59.
The judgment is
Affirmed.
Reference
- Full Case Name
- Mary Broz v. Frank Broz
- Status
- Published