Dahnke

Dahnke v. Dahnke

Good Law
1921 Cal. App. LEXIS 87·55 Cal. App. 12·202 P. 894
Court of Appeal of CaliforniaNovember 1, 1921Civ. No. 3755.California1,473 words

Opinion

Lead Opinion

Shaw, J.

Defendant appeals from an interlocutory decree of divorce granted plaintiff upon the ground of extreme cruelty.

The parties were married on October 19, 1910, and lived together as husband and wife until May 11, 1917, at which time plaintiff left defendant. As alleged in the complaint and found by the court, defendant at the time of the marriage was afflicted with a loathsome, incurable skin disease, of which fact he did not acquaint plaintiff before the marriage and knowledge of which plaintiff did not obtain until after the marriage; that during the time plaintiff and defendant lived together he would go unbathed for several weeks at a time and his diseased skin would become very offensive and loathsome, and that he was given to the practice of masturbation.

The contention of appellant is, first, that these findings are not justified by the evidence; and, second, that if so warranted, they are insufficient to support the judgment. It appears from the testimony of Dr. Doman, called as a witness by plaintiff, that defendant was afflicted with a skin trouble which the witness described as a dry skin; that is, a dry condition of the epidermis, due to lack of oil secretions, and…

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