Engle v. Engle

WOOD, J. Defendant appeals from an interlocutory decree of divorce granted to plaintiff. He asserts that the evidence was insufficient to support the decree and that the court erred in failing to make specific findings.

Plaintiff alleged in her complaint “That for more than one year last past the defendant, Frank T. Engle, has treated this plaintiff in an extremely cruel and inhuman manner and he has thereby caused her to suffer and she does suffer great and grievous mental and physical suffering and anguish, and by reason thereof she can no longer live with said defendant as his wife.” She did not plead specific acts constituting cruelty.

Plaintiff testified that she was a school teacher; that during several years of their marriage, including the year preceding their separation in 1944, defendant was an habitual drinker of intoxicating liquor; that he became intoxicated frequently [240]and when he was under the influence of alcohol he used profanity toward her, called her abusive names, and at times called her such names in the presence of neighbors; that during a period of three weeks he would not let her have the keys to the automobile which she had been using to go to and from the school where she was a teacher. Her testimony was corroborated by her two daughters.

Defendant testified that he drank beer frequently; that he did not drink whiskey, but occasionally before meals he drank an appetizer consisting of a little liquor with lemon in it; that he was never intoxicated; that he never called her abusive names or cursed her; that he did not remember telling her she could not use the automobile.

A witness, called by defendant, testified that she had been employed by the parties as a housekeeper, part time, for about six months in 1937; that she never saw defendant drink intoxicating liquor and never saw him intoxicated; that she never saw him drink beer; that she never heard him swear at plaintiff; that she never saw him abuse her.

A witness, called by defendant, testified that she had known the parties about nine years; that she had lived next door to them; that she had been in their home about once a month in 1944; that during the year preceding the trial (trial was on November 19, 1945) defendant had been living in a house at the rear of her house; that she had never seen him intoxicated, and had never seen him mistreat plaintiff.