Blanchard

Blanchard v. Blanchard

Good Law
10 Cal. App. 203·1909 Cal. App. LEXIS 261·101 P. 536
Court of Appeal of CaliforniaMarch 9, 1909Civ. No. 553.California905 words

Opinion

lead Opinion

Burnett, J.

Plaintiff was granted a divorce on the ground of cruelty. Many specific acts are alleged in support of the general conclusion that for years defendant has pursued “a-course of cruel treatment of plaintiff and has caused her grievous mental suffering.”

These allegations are denied by the answer and the testimony of the parties is sharply conflicting. As stated by him, “The main point relied upon by appellant is that there is a total want of corroboration of plaintiff’s testimony to justify the judgment and findings of the court.”

In the determination of the question the following considerations are important: In the nature of the case no rule can be laid down as to the degree of corroboration required. The statute requires only some corroborative evidence. (Evans v. Evans, 41 Cal. 103 ; Cooper v. Cooper, 88 Cal. 45 , [ 25 Pac. 1062 ]; Civ. Code, sec. 130.) Again, while the courts are bound by the terms of the statute in determining the sufficiency of the corroboration, it is proper to consider the purpose of the legislature in exacting it. The purpose mainly was to prevent collusion. (Andrews v. Andrews, 120 Cal. 186 , [ 52 Pac. 298 ].) And where the cruelty consists of…

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