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Farnbach v. Farnbach

AUGUST 27, 1971.

EUNICE EILEEN FARNBACH, PLAINTIFF-APPELLEE,

v.

WILLIAM HAROLD FARNBACH, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Calhoun County; the Hon. PAUL R. DURR, Judge, presiding.

MR. JUSTICE TRAPP DELIVERED THE OPINION OF THE COURT:

Defendant appeals from a decree of the circuit court granting a divorce to plaintiff, on the ground of extreme and repeated mental cruelty.

Plaintiff and defendant were married April 3, 1954. They apparently lived together without unusual incident until they adopted a daughter, who was born January 24, 1964. The complaint, filed April 24, 1969, alleges:

"That subsequent to their marriage, to wit, approximately two years ago, the defendant commenced a course of cruel and inhuman mental treatment towards the plaintiff in that he refused to cohabit with the plaintiff and that he refused to discipline the adopted child of the parties hereto, and that he has insisted on the adopted child hereto occupying the same bedroom with the plaintiff, all of which have made life with the defendant intolerable."

The evidence is extremely vague and deficient in detail as to dates. For example, it appears that the defendant husband travelled in his employment, and on occasion slept during the day when he was home. In response to a question how many hours a week the husband was home, plaintiff answered, "I haven't any idea. Don't care neither". It is not clear when the trouble started with respect to disciplining the child. In response to a question whether plaintiff had complete control of the child she answered: "Yes, up to the time he was home last November and all this trouble started", and this testimony followed:

Q. He was home, why?

A. Not letting me correct her.

Q. Is that when it started, last November?

A. No it started before that.

Q. You actually had the discipline of the child, didn't you?

A. Yes, until he was home last November.

He was home, why?

A. Because he had to have an operation ...


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