Brewthauer

Brewthauer v. Brewthauer

Good Law
1920 Cal. App. LEXIS 675·45 Cal. App. 759·188 P. 296
Court of Appeal of CaliforniaFebruary 4, 1920Civ. No. 2086.California2,002 words

Opinion

Lead Opinion

Ellison, J.

The plaintiff brought this action to obtain a decree of divorce. Findings and decree were in favor of the defendant, denying a divorce, from which the plaintiff prosecutes this appeal.

The essential features of the "case may be gathered from the following quotations from the findings of the court: “That on or about April 13, 1917, plaintiff and defendant had a quarrel about the repair of a pair of glasses for the plaintiff; that the quarrel became violent on both sides; that plaintiff called defendant an ex-convict, a name calculated greatly to excite, the defendant; whereupon the defendant struck at the plaintiff, striking her upon the arm; that he threatened to leave her upon this occasion.

“That in the month of December, 1916, the defendant refused longer to sleep in the same bed with plaintiff, the bed they had been occupying being a large double bed; that thereafter plaintiff slept upon a lounge, which, however, was not an unfit sleeping place.

“That the allegations of paragraph 6 of the complaint have not been proven, except it is true that the defendant stated to two persons that the plaintiff unnecessarily and cruelly beat and struck her daughter; that these statements…

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