Thoele

Respondent filed her action for divorce in the court below upon the grounds of extreme cruelty. Appellant filed his answer in which he specifically denied all of the allegations of extreme cruelty. After a trial the court granted respondent an interlocutory decree of divorce, from which appellant took this appeal.

Appellant presents several assignments of error, but they contain quite the same questions of law and fact and may be consolidated under two heads, namely, that respondent’s amended complaint does not state facts sufficient to constitute a cause of action, and, therefore, that the evidence submitted in support thereof does not sustain the interlocutory decree of divorce; and that the testimony of respondent was not sufficiently corroborated. He urges an additional specification of error under which he maintains that “there is a clear preponderance of evidence in favor of the defendant, and against the plaintiff, ’ ’ which cannot be considered here. Where the evidence is conflicting, as in this case, it is within the province of the trial court to pass upon its weight and sufficiency. Because the greater weight or preponderance of the evidence is on the side of one party…