Walden v. Walden

Citations

• 113 Wash. 677
• 194 P. 544
• 1921 Wash. LEXIS 534

Syllabus

<p>Appeal (417) — Review—Findings on Trial De Novo. A judgment in favor of defendant in a divorce proceeding will not be disturbed on appeal where the testimony is so contradictory that in order to make a decision it would first be necessary to determine which of the parties is to be believed, the trial court having the advantage of having the witnesses before him, and an examination of the record does not disclose that the judgment is against the preponderance of the evidence.</p> <p>New Trial (35) — Newly Discovered Evidence — Diligence in Procuring. It is not sufficient grounds for a new trial on the ground of newly discovered evidence that a party to a divorce action was ashamed to testify on the trial that her husband had attempted to induce her to lead an immoral life for the purpose of earning money, and because she believed she had introduced sufficient testimony to entitle her to a divorce; nor is it sufficient grounds for a new trial for a witness to afterwards make affidavit to the effect that he did not disclose all he knew about the affairs of the parties and that if given another opportunity he would testify that respondent habitually abused appellant and that their domestic life had been one of continuous discord.</p>