Cargnani

Cargnani v. Cargnani

Good Law
16 Cal. App. 96·1911 Cal. App. LEXIS 172·116 P. 306
Court of Appeal of CaliforniaApril 26, 1911Civ. No. 823.California1,923 words

Opinion

Lead Opinion

Burnett, J.

The appeal is from the judgment and order denying the motion for a new trial and also from an order denying defendant’s motion to require plaintiff to pay said defendant’s costs and expenses' of appeal.

An interlocutory decree of divorce was granted plaintiff on the ground of extreme cruelty, and all the community property, including a homestead, was assigned to him absolutely. Defendant, in her answer, denied all the specified acts of cruelty charged by plaintiff, and she filed a cross-complaint setting up a cause of action against him for divorce on the ground also of extreme cruelty.

Of the various contentions made by appellant, we consider first the question as to the sufficiency of the findings. These are very brief, and, aside from the formal recital of the conjugal relation, the place and date of marriage and the statutory residence in Oakland, county of Alameda, they are as follows:

The only finding, therefore, as to a disputed fact is in relation to the charge of adultery and that is in favor of defendant.

Plaintiff’s complaint exhibits some nine distinct acts of cruelty, and the defendant’s cross-complaint, twelve or thirteen, and, with the aforesaid exception, the…

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