Barngrover

Barngrover v. Barngrover

Good Law
1922 Cal. App. LEXIS 391·57 Cal. App. 43·206 P. 461
Court of Appeal of CaliforniaMarch 13, 1922Civ. No. 4108.California607 words

Opinion

Lead Opinion

Sturtevant, J.

This is an appeal from a decree granting to the plaintiff a divorce from the defendant. The decree was based upon the extreme cruelty of the defendant, and the cruelty complained of was mental cruelty, as distinguished from physical cruelty. [1] The appellant makes one point and that is that the evidence does not sustain the findings, and in this behalf the appellant argues that the probative elements adduced by the plaintiff at the trial were altogether trivial. The testimony and proceedings are all before us. The testimony alone takes up more than one thousand folios. We have read the record from cover to cover. The trial court found among other things, and the record abundantly supports, a most peculiar ease of nagging. As the story of the case was unfolded, it was disclosed that the same tendency of character on the part of the defendant was displayed, not only toward her husband, but toward her child, and toward her tradespeople, and toward her friends and acquaintances. Neither the law nor the interests of the parties require that we should restate the testimony in this opinion. In addition to the feature which we have specially pointed out, there are other matters contained…

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