Mitchell v. Mitchell

Citations

• 39 Wash. 431
• 81 P. 913
• 1905 Wash. LEXIS 881

Syllabus

<p>Divorce — Cruelty — Rendering Life Burdensome — Findings— Construction. Upon granting a divorce for cruelty, tbe findings need not specifically include one that tbe cruelty rendered life burdensome, where tbe specific acts of cruelty found conclusively sbow that they did render life burdensome.</p> <p>Same—Distribution of Property—Awarding all to Wife—Discretion. It is witbin tbe discretion of tbe trial court, upon granting a divorce and awarding tbe custody of infant children to a wife, to award her all tbe real estate, of tbe value of $1,600, where she is not strong and tbe husband is an able bodied man and wholly at fault.</p> <p>Same — Decree — Alternative Payment—Taking Advantage of. Error cannot be predicated on tbe entry of a judgment of divorce decreeing real estate to tbe wife, without giving tbe defendant an opportunity to take advantage of an alternative, expressed in tbe conclusions of law, of paying $1,600 in lieu thereof, where tbe record fails to sbow that tbe defendant desired so to do at tbe fime tbe judgment was entered.</p>