The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-01

There has been SO much interest
aroused over the RRndla1b divorce
case that the complete findings OF
fact and the conclusions BY the state
supreme court will be OF interest to
the people of Fargo and the state.
The complete decision is as follows
In the supreme court. state of North
Dakota. March, 1909, term. MAZE B.
Rindlaub. plaintiff, VS.. John III. Rind-
laub, defendant.
1, The district Judge retains full
and complete jurisdiction, after APP
peal, to settle a statement OF case to
De used on appeal or to do any other
act in furtherance OF such appeal.
Held, accordingly, that PLAINTIFFS mo-
ton to strike defendants statement
from the record for reasons assigned
as a basis for such motion, Ia with
out merit.
2. The marriage relation will be
dissolved only when its purpose has
been defeated by grave and serious
misconduct Such misconduct, to war
rant o. Judgment of divorce must
be established by evidence OF clear
and satisfactory character Public
policy, good morals, and the inter-
ests Of society require that. the, sacred
marriage relation should be surround
ed with every safeguard and its sever
aRce adjudged only where's the COM
isfactorily brought herself or himself
within the terms OF the statute.
3. BY Section A049 r. c. 1905, ''Ex-
treme cruelty D. designated As a
ground for granting divorce; and
by section 1851 1t is defined as "the
infiiction by one party to the mar
riage of grievous bodily injury or
grievous mental suffering upon the
other" a.a.
Following the construction Of this
statute adopted In Mahnken VS.. Malln-
ken, N. d. 1888.
Held, that grievous mental suffering
may be sufficient to warrant a divorce
under the statute although not pro-
ductive Of perceptible bodily injury;
but whether grievous mental suffering
has been indicted by one party up
on the other is purely a question Of
fact to be determined In the light, Of
particular circumstances surround
ing each individual case
4. Evidence examined and held
not of that clear and satisfactory
character to warrant the granting to
plaintiff Of divorce for extreme
cruelty.
5. Evidence relating to plaintiffs
other alleged ground for divorce.
namely, habituaI intemperance in the
use of morphine to such degree as
to disqualify defendant, a great por-
ton of the time from properly at
tending to business and which mas
reasonably INFLICTED upon PLAINTIFF q
course Of great mental anguish, ex-
smined and held not established. X
6. Defendants counter-claim al
leging facts constituting extreme cru
city on plaintiffs part held, for rea-
sons stated In the opinion, not suf-
ficiently established by the evidence.
z. Defendants counter-cIaim for
willful desertion by plaintiff neld full
ly established.
Carmody and Crawford. j. j., dis
sent
CSyHabus by the COURT
Appeal from district court, Cass
county; Hon. Charles r. Templeton.
judge.
Action for divorce by Male b.
Rindlaub against John H.. Rindlaub.
From judgment in PLAINTIFFS ia
vor, both parties appealed.
Judgment modified and lower court
directed to enter judgment in de
PENDANTS favor granting him an alb
solute divorce. assigning to him the
homestead during mis- life and award
ing to him the custody, during a por-
ton of the tinaes of Bruce and John.
two of the minor issue of the mar
riage.
Bah. Watson, Young & Lawrence.
for defendant.
Barnett & Richardson, (Pierce But
der of counsel.) for plaintiff.
Fisk. sudge. This is an action for
divorce and is here for trial de novo.
Plaintiff had judgment in the court
below for an absolute divorce and she
was awarded the custody, until the
further order OF the court. Of the
three minor children, Bruce. born
April 1S, 1904; John. Nov. 1, 1905, and
Newhall, April 4, 1907. BY the judg-
ment defendant is required to pay to
plaintiff within sixty days from the
date OF the service of the findings
and upon the delivery by PLAINTIFF to
defendant OF a deed of conveyance Of
the homestead permanent alimony in
the sum Of $4,000 and until the fur
Their order Of the court the sum Of
SIS per month for the support. main.
tenance and education OF said chill
dren, also certain allowances as costs
and counsel fees in the case.
Mira Rindlaub's Complaint.
The amended complaint upon which
the cause was tried alleges two statu-
utory grounds for divorce, the first be-
ing habatual intemperance, and the
other, extreme. cruelty. The alleged
habftual intemperance Is specified in
the complaint as 'the use of morphine
and other like narcotic drugs to such
a degree that the said habituaI intem-
perance disqualiaes said defendant o
great portion OF the time from proper