Lane

Lane v. Lane

Good Law
1926 Cal. App. LEXIS 205·78 Cal. App. 326·248 P. 686
Court of Appeal of CaliforniaJune 11, 1926Docket No. 5573.California2,651 words

Opinion

Lead Opinion

Sturtevant, J.

The plaintiff commenced an action against her husband to obtain a decree of divorce. The trial court made findings in her favor and from the judgment entered thereon the defendant has appealed under section 953a of the Code of Civil Procedure.

After the defendant was served with process he appeared and filed an answer putting in issue the allegations of the plaintiff’s complaint and at the same time he filed a cross-complaint. The plaintiff answered the cross-complaint and the trial in the lower court covered all of the issues made by all of the pleadings.

The first point made by the appellant is that the plaintiff’s charges were not sustained, were not true, and were not corroborated. In reply it is sufficient to state that in her complaint the plaintiff stated eleven specifications of cruelty and that some of the specifications contained numerous different acts. No reason appears why any one of said allegations should be quoted. It is sufficient for the purposes of this opinion to state that some of the charges were charges of mental cruelty and some of the charges were charges of physical cruelty. In presenting her case the plaintiff introduced some evidence touching every…

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