Lawlor v. Lawlor ( 1952 )

WADE, Justice.

The defendant, R. Keith Lawlor, appeals from a judgment awarding plaintiff a divorce and dividing their property. He claims that this being an equity case this court under the evidence should grant him the divorce and give him the home.

This court is reluctant to modify a divorce decree because usually the evidence is contradictory and the trial court having seen and heard the witnesses is more able to determine their credibility than we are. Also, in the absence of an abuse of discretion, we do not disturb the property division. We have carefully read the transcript and feel that the court’s decision is fairly sustained by the evidence and that there was no abuse of discretion.

Only one question requires comment. Both parties gave special reasons why they wished the home. He is a disabled Canadian war veteran and felt that it fit in with his health and work problems. She works in a store nearby and needs the home in a convenient location. He claimed the house was worth $4800 to $5000. She said it was worth from $2500 to $3000, but would not consent to it being awarded to him at any of the above figures. The court awarded her the home and him the other property but gave him the option to get the home by paying $5,000 by the time the decree was signed. It seemed obvious that he could not raise that amount of money but his attorney contended that he could raise $2400. She had been the main support of the family, including a son during their married life. He had a meager war pension and with it and his earnings was about able to support himself. The court evidently felt that she had a better claim to the house than he did and that it would be worth $5,000 to her. We find no abuse of discretion.

Judgment affirmed. Costs to respondent.

McDONOUGH, CROCKETT and HENRIOD, JJ., concur.