Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1903-04-24
A DIVORCE CASE.
SUPREME COURT OF THE STATE
DECIDES A GRAND FORKS
DIVORCE CASE.
SUsTAlNS JUDGMENT OF LOWER
COURT AND GRANTS
AllMONY.
Facts az Related in a Divorce Case
Brought at Grand Forks, and Su-
preme Court Sustains the Judgment
Granted by the District Court.

preme Court Sustains the Judgment
Granted by the District Court.
The supreme court has handed down
a decision in the case of Melvina DE
Roche against Leon De Roche. in an
action for divorce brought in the dis.
trict III of Grand Forks county.
Upon a trial de novo. the supreme
court finds the evidence sufficient to
justify the granting of the decree. The
syllabus is as follows:
l. In an action for divorce based
upon the ground of extreme cruelty.
evidence examined upon a trial de
novo and found sufficient to justify the
granting OF q decree of divorce to
plaintiff upon that ground.
2. When a divorce is granted to the
wife for the wrong of the husband, the
court. under section 2761. Revised
Codes OF 1899. may, in its discretion,
grant alimony in a gross mou in
lieu of an allowance payable at stated
periods.
). Evidence shows that husband
and wife Jointly accumulated $4,000:
the husband has a business which will
support him: wife has the custody of
three minor children and gives a ST.
o0o bond to insure their support: an
award to the wife of $1,000 in gross
sum held not excessive.
Appeal from a judgment of the dis
trict court. Grand Forks county; Fisk,
Judge. Affirmed.
Guy c. H. Corliss, for plaintiff and
respondent.
Bosard & Bosard, for defendant and
appellant.
Both plaintiff and defendant are
citizens of the United States, resi-
dents of and domiciled in Grand Forks
since the year 1879. They were mar.
ried March 31st, 1872. Nine children
were born, the fruits of such mar.
riage; six only are living, three OF
whom. two girls and one boy. are OF
full age. the Oldest girl being married
and three girls aged seventeen, thir
teen and eleven, respectively. The
three younger children have always
lived at home and are nov in the Gus
tody of the mother.
The plaintiff alleges that during the
greater portion OF her married life
defendant has treated her in a crueI
and inhuman manner; that he has
threatened and actually committed up
on her personal violence; that the
same are such as to cause her to fee
in peril of her life If she continues
longer to live with him. She further
alleges that for years defendant has
abused her, applying to her the mos,
opprobrius, vile and degrading cpl
thets, cursing and swearing at her
charging her with unchastity; all in
the presence and hearing of her chill
dren; and has specially neglected her
when sick and was guilty of other mis-.
conduct largely incident to that above
cited. Plaintiff further alleges that
defendant has a good business and is
worth at least $25, 900. The relief
asked is an absolute divorce. the Gus.
todyeof the minor children, permanent
alimony for the support of herself and
minor children, and suit money. The
defendant, in his answer, admits the
marriage, %parentage and ages of chill
dren named, but denies all acts of
.Wrong-doing charged against him and
while admitting his ownership of some
property. denies its value to be S25.-
900 or any sum in excess of $13.545.
The lower court found the defend.
ant guilty of extreme cruelty as al.
legged by plaintiff; that his property
Is worth $4,000 and that defendant
is also carrying on a business, the
income from which Is ample for his
W support; that the property had
been accumulated by the joint efforts
OF both parties; that it is for the best
interests of the minor children that
their custody be awarded to the moth.
err. Judgment was ordered for plain.
tiff that she have a decree of absolute
divorce, and that. considering the age
OF the plaintiff and of the minor chill
dren and the inconvenience of HAVING
a monthly allowance of alimony, It If
just and equitable that she be allowed
in lieu of all further alimony. counsel
fees and expenses, a gross sum OF
$1,000 in cash. to be paid as follows:
$4,000 to be Immediately paid upon the
entry of Judgment: $4,000 November
LIST, 1903. and $4,000 November LIST
1904. with interest until paid at sever
per cent. per annum; defendant to be
exOnorafQd from oil oblfro+,o~o l.