Speers

This action was originally appealed to the Supreme Court, and by appropriate order, transferred by that court to this court for decision, and is an action instituted by the plaintiff against her husband for a divorce on the ground of extreme cruelty. The answer denied the material allegations of the complaint, and set up a property settlement as a defense to plaintiff’s prayer for support for herself and two minor children.

The sufficiency of the proof adduced on the trial as to cruelty, and the wife’s right to all, or any part, of the sum of $50 per month awarded by the court, are the only questions involved in this appeal.

No appellate court may gauge or measure the degree of susceptibility of a party in a divorce proceeding to a course of cruel conduct on the part of the other spouse. That which may be infinitely cruel to a person of intelligence, delicacy of sentiment and innate refinement may not be cruel to a_ person lacking in these estimable qualities. The trial judge, sounding his judgment on the conduct of the parties, their apparent manner of living, the degree of their refinement and the scope of their intelligence, is in a position to determine if a given course of…