Speck

Plaintiff sued the defendant for a divorce on grounds of extreme cruelty. The defendant answered and filed a cross-complaint charging similar grounds. The cause was tried before the court and resulted in an interlocutory decree in favor of the plaintiff and against the defendant. The latter has appealed upon a bill of exceptions.

The appellant has advanced three grounds for a reversal. First, that the evidence is insufficient to justify the finding of extreme cruelty. Second, that the decision is contrary to law in that it awards to the parties in equal shares certain real property which was acquired by the appellant as his separate estate, and third, that the trial court abused its discretion in allowing the respondent attorney’s fees.

After a fair and impartial hearing of all the witnesses called by both parties the trial court found that the acts complained of constituted extreme cruelty on the part of the appellant. Nothing would be gained by reciting here the evidence on that issue. It is sufficient to say that our examination of the record satisfies us that there is evidence which supports a finding of this character.

The sum of $200 was allowed the respondent for…