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Klein v. Klein

Supreme Court of Nebraska
Dec 22, 1967
154 N.W.2d 879 (Neb. 1967)

Opinion

No. 36605.

Filed December 22, 1967.

Divorce: Evidence. In a divorce action where the credible evidence on material questions of fact is in irreconcilable conflict, this court will, in determining the weight of the evidence, consider the fact that the trial court observed the witnesses and their manner of testifying and must have accepted one version of the facts rather than the opposite.

Appeal from the district court for Otoe County: WALTER H. SMITH, Judge. Affirmed.

Burbridge Burbridge and Getscher Getscher, for appellant.

Spencer, Hoch, for appellee.

Heard before WHITE, C.J., CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.


Plaintiff wife was awarded an absolute divorce and custody of two children, the, district court dismissing defendant's cross-petition. On appeal and cross-appeal the issues relate to cause for divorce, moral fitness of plaintiff, and adequacy of allowances.

The district court allowed plaintiff (1) $12.50 a week for each of the, children, who were 4 and 5 years of age; (2) permanent alimony of $1,000 payable in monthly installments of $25; and (3) $350 for attorney's fees. It awarded to her the furniture, and to defendant two automobiles, a 1956 Studebaker and a 1963 Buick. It imposed on him the duty to save plaintiff harmless from loss on an indebtedness of $2,000 approximately.

At the time of trial defendant resided at the home of his parents, both of whom were employed away from the house. He worked as a quality control auditor for $2.08 an hour. Plaintiff worked in a grocery store. In addition to temporary custody of the children of the parties, she had custody of two children, ages 8 and 10 by a previous marriage.

Defendant had occasionally laid violent hands on plaintiff. The nature of plaintiff's social relations with a named man was controverted in the evidence, reasonable inferences depending on credibility of witnesses. The district court found that her conduct had not reached extreme cruelty which was alleged in the cross-petition. The trial court having observed the witnesses, we accept the findings. See Heiser v. Heiser, ante p. 216, 153 N.W.2d 909. The custody award and the allowances are correct, and the judgment is affirmed. Plaintiff is allowed $350 for legal services of her attorney in this court. Costs of appeal are taxed to defendant.

AFFIRMED.


Summaries of

Klein v. Klein

Supreme Court of Nebraska
Dec 22, 1967
154 N.W.2d 879 (Neb. 1967)
Case details for

Klein v. Klein

Case Details

Full title:REGINA ANN KLEIN, APPELLEE AND CROSS-APPELLANT, v. RALPH RICHARD KLEIN…

Court:Supreme Court of Nebraska

Date published: Dec 22, 1967

Citations

154 N.W.2d 879 (Neb. 1967)
154 N.W.2d 879