Donnelly

Donnelly v. Donnelly

Good Law
1915 Cal. App. LEXIS 204·26 Cal. App. 577·147 P. 582
Court of Appeal of CaliforniaFebruary 17, 1915Civ. No. 1535.California488 words

Opinion

Lead Opinion

Shaw, J.

This is an appeal by plaintiff from a decree of court denying her a divorce upon the ground of extreme cruelty.

Aside from physical acts of cruelty set forth therein, the complaint alleged the use by defendant of language toward plaintiff and accusations made against, her which, if so used and made, might have caused her grievous mental suffering to an extent constituting extreme cruelty toward plaintiff. The court, however, upon conflicting evidence, made findings, upon which no attack is made, to the effect that the allegations were untrue. '

Appellant complains that the court ruled that no inquiry could be made as to acts of the defendant and occurrences prior to a certain date. In support of this contention we are referred only to rulings made by the court wherein it denied defendant the privilege of introducing certain evidence tendered. Thus limiting the cross-examination upon defendant’s inquiry was not a ruling, even if erroneous, which could be attacked on appeal by plaintiff as constituting reversible error. Moreover, our attention is not directed to any adverse ruling to the plaintiff made by the court to which she interposed objection.

The act of physical cruelty…

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