Meyer

Meyer v. Meyer

Good Law
1927 Cal. App. LEXIS 674·82 Cal. App. 313·255 P. 767
Court of Appeal of CaliforniaApril 13, 1927Docket No. 4834.California2,825 words

Opinion

Lead Opinion

Houser, J.

— In a suit for divorce on the ground of desertion, judgment was rendered in favor of plaintiff, and defendant appeals therefrom.

Among other things, the trial court found that all the allegations contained in plaintiff’s complaint were true, as were all the allegations of the answer of plaintiff to defendant’s cross-complaint; that certain property, known as the Monrovia property, was community property of the parties; and that certain other property, known as the homestead, was the separate property of plaintiff — all of which findings are attacked generally by appellant on the ground that they are not supported by the evidence.

The gravamen of the first specification by appellant is that no sufficient evidence was adduced at the trial upon which the desertion by defendant of plaintiff could be predicated. However strongly it may have been controverted, it is well established that the trial court was warranted in believing any substantial evidence introduced at the hearing which would sustain the findings against which the criticism of appellant is directed.

It appears that at divers times before an actual separation of the parties occurred, defendant had made statements to…

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