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Guenin v. Guenin

Michigan Court of Appeals
Dec 4, 1970
184 N.W.2d 552 (Mich. Ct. App. 1970)

Opinion

Docket No. 7715.

Decided December 4, 1970.

Appeal from Saginaw, Eugene Snow Huff, J. Submitted Division 3 November 4, 1970, at Lansing. (Docket No. 7715.) Decided December 4, 1970.

Complaint by Bernadette L. Guenin against Louis J. Guenin for divorce. Judgment for plaintiff. Defendant appeals. Affirmed.

Albert C. Reinert, for plaintiff.

Otto Otto, for defendant.

Before: BRONSON, P.J., and FITZERGERALD and CHURCHILL, JJ.

Circuit judge, sitting on the Court of Appeals by assignment.


The plaintiff wife sued for an absolute divorce on the grounds of extreme cruelty. CL 1948, § 552.7 (Stat Ann 1957 Rev § 25.87). After a trial at which only the parties and one other witness testified, the trial judge filed a carefully prepared written opinion containing detailed findings of fact. The trial judge, citing specific incidents, found that the defendant-husband dominated every act relating to the plaintiff's house, her children, and the plaintiff herself and that he disciplined and punished her like a small child for imaginary misdeeds, thus depriving her of essential human dignity to an intolerable degree and making her life unendurable.

Although our review is de novo, we give special weight to the trial judge's findings. Butgereit v. Butgereit (1967), 8 Mich. App. 246. This special weight is given even when there is little or no corroborative evidence. Winkelman v. Winkelman (1969), 20 Mich. App. 305. The record supports, and we make, the same findings. Defendant's autocratic behavior was extreme cruelty.

The trial court did not find, nor do we find, misconduct by the wife of an equivalent nature. Plaintiff is entitled to a judgment of divorce. Miller v. Miller (1948), 320 Mich. 43.

We affirm. Costs to appellee.


Summaries of

Guenin v. Guenin

Michigan Court of Appeals
Dec 4, 1970
184 N.W.2d 552 (Mich. Ct. App. 1970)
Case details for

Guenin v. Guenin

Case Details

Full title:GUENIN v. GUENIN

Court:Michigan Court of Appeals

Date published: Dec 4, 1970

Citations

184 N.W.2d 552 (Mich. Ct. App. 1970)
184 N.W.2d 552

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