McBride v. McBride
McBride v. McBride
Opinion of the Court
Appeal from a judgment prompted by a petition filed by Mrs. McBride, defendant below, asking that an eleven-year, rusty divorce decree be disinterred and vacated, and asking the trial court, in substance and effect, to retry this case, or failing that, to reappraise property right and support matters. Affirmed with no costs awarded.
Believable facts may be abstracted as follows :
The parties were married in March, 1953, after signing a prenuptial agreement where each relinquished rights against the other save in the event of separation in which Mr. M agreed to pay $40 per month to support their little girl. Instead of separating, (a fait accompli prior to the marriage) they got together sporadically and rarely until 1958, according to questionable and debatable testimony, when Mr. M filed a divorce action in which Mrs. M properly was served. Mrs. M, through counsel, filed an answer and counterclaim, which latter were dismissed in a proper proceeding. She failed to answer interrogatories put to her. A default decree was entered
The trial court gave judgment to Mrs. M for arrearages in child support payments for $3,470, after deducting'payments made. Mr. M, a rodeo wrangler, rolled with the edict and accepted the amount with spurs aglow.
To dignify this case with any further documentation of facts, atmospherically controversial, where Mrs. M asks us to believe what she said, to the exclusion of what he said would be for us to trifle with the trial court’s affectionate intelligence. We might do this in a proper case where a bias or abuse of discretion is reflected, amounting to prejudiciality mirrored by an unsavory negative motive quite disconnected from intellectuality,' — not the case here.
Reference
- Full Case Name
- Marion McBRIDE, and v. Olga Bader McBRIDE, and
- Status
- Published