Whinnery

The action was for divorce on the grounds of intemperance and cruelty. The judgment was in favor of plaintiff, awarding her' a divorce on the ground of cruel treatment. Findings were waived. The court recited in its judgment that the “interlocutory decree is hereby made on account of defendant’s extreme cruelty toward the said plaintiff.” Certain property was also adjudged to be the separate property of plaintiff and a portion of the community property was awarded to her and the balance to defendant.

The points made on the appeal are that the evidence is insufficient to support the judgment, that there was condonation on the part of plaintiff and that the court erred in determining that said property was the separate property of plaintiff.

As to the evidence, there can be no doubt as to its sufficiency to support the conclusion of the trial court. The plaintiff testified: “I am not living with defendant at this time. We have been separated a year. The reason of the separation was his intemperance and his cruelty. He was intemperate, drinking to excess. He started to drink almost immediately after we were married and continued to drink while we were living together. He was drunk…