CALLAGHAN v. CALLAGHAN, 108 N.H. 264 (1967)

233 A.2d 825

BARBARA A. CALLAGHAN v. JOSEPH CALLAGHAN.

No. 5635.Supreme Court of New Hampshire Strafford.Argued September 7, 1967.
Decided October 6, 1967.

1. The findings of the Trial Court in divorce proceedings are binding where there is evidence to support them.

Libel for divorce based on the allegation that the libelee was guilty of conduct as to seriously injure the health and endanger the reason of the libelant. Trial by the Court (Leahy, C.J.) resulted in a decree denying the divorce. Libelant’s exception to the denial of her motion to vacate the decree and to certain rulings made during the trial reserved and transferred.

Calderwood, Silverman Ouellette and David S. Sands (Mr. Sands orally), for the libelant.

Burns, Bryant, Hinchey Nadeau and Paul R. Cox (Mr. Cox orally), for the libelee.

GRIFFITH, J.

The libelant urges that the denial of the divorce was contrary to the weight of the evidence and should be set aside. The Trial Court found that the libelee did not treat the libelant as seriously to injure her health or endanger her reason. The findings of the Trial Court are binding where there is evidence to support them. Ballou v. Ballou, 95 N.H. 105; Cote v. Cote, 94 N.H. 372, 373; Johnson v. Johnson, 80 N.H. 15. “The Trial Judge could disbelieve the libelant’s testimony, believe the libelee’s, and enter the decree which he did.” Ballou v. Ballou, supra; Franklyn v. Franklyn, 93 N.H. 90. The record supports the Trial Court’s denial of the divorce.

Exceptions overruled.

All concurred.

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