Pedreira

The action, brought under section 137 of the Civil Code and grounded upon cruel and inhuman treatment, was for separate maintenance without divorce. The specific instances of cruelty alleged were: 1. Defendant absented himself during the birth of a child to plaintiff; 2. Defendant did not provide a doctor or nurse for plaintiff during childbirth; 3. Said neglect caused plaintiff great physical pain and mental anguish by reason of which the child was bom dead; 4. That, on April 14, 1914, defendant caused plaintiff to be moved to the Merced sanitarium and thence to the Merced county jail, whence the plaintiff was committed to the state hospital at Stockton; 5. That, upon her release from said hospital in July, 1914, defendant refused to take plaintiff to his home or to live with her as his wife.

In the answer there was a specific denial of the allegations of cruelty, an admission that plaintiff was committed to said hospital, but an explanatory averment that defendant was advised by the medical attendants of plaintiff that it was necessary, for the protection of the plaintiff and those who might come in contact with her, that she be committed to said hospital because she was…