Davis

Davis v. Davis

Good Law
1922 Cal. App. LEXIS 128·58 Cal. App. 100·207 P. 923
Court of Appeal of CaliforniaJune 5, 1922Civ. No. 4266.California831 words

Opinion

Lead Opinion

Tyler, J.

This is an appeal by plaintiff from a judgment in an action for divorce brought by her on the ground of extreme cruelty.

Plaintiff, in support of her appeal, claims that the findings are insufficient to support the judgment, and that they are not justified by the evidence, which, she claims, is more than ample and sufficient to entitle her to a decree of divorce o'n the ground of defendant’s extreme cruelty.

Complaint is also made that the trial court erred in refusing to permit plaintiff to introduce evidence as to the value and extent of property held by defendant, or to make a finding as to its community or separate character.

Plaintiff, by her complaint, alleges that she and defendant intermarried in the year 1907, and that there is issue of said marriage two minor children.

The extreme cruelty alleged is infliction upon plaintiff of grievous mental suffering due to the acts of defendant from time to time during the marriage relation, and particularly during the years 1918 and 1919. In this behalf it is in substance charged that defendant, without cause, complained of years of misery in consequence of his marital relation with plaintiff; that he threatened her with divorce…

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