Borkheim

This is an appeal hy the defendant husband from a decree awarding a divorce to his wife.

The complaint charged extreme cruelty and specified as one of the circumstances that the defendant communicated to the plaintiff a venereal disease, gonorrhea. The defendant interposed an answer and cross-complaint. The plaintiff answered the cross-complaint and a trial was had by the trial court sitting without a jury and thereafter it made findings in favor of the respondent and against the appellant on nearly all of the issues tendered by the pleadings.

It was the theory of the plaintiff that in the summer of 1920 the defendant committed adultery and at the same time contracted the disease mentioned; and that thereafter he communicated the disease to the plaintiff. On the other hand, it was the theory of the defendant that he never had the disease, although, about the time mentioned, he was afflicted with a catarrhal discharge of a prostatic origin and that he did not communicate to the plaintiff the disease complained of. Each party offered evidence to support its theory. The conflict was a matter to be decided by the trial court and not by this court.

The appellant contends that…