Coops

This is an action for divorce based upon the alleged grounds of extreme cruelty and wilful neglect. The extreme cruelty alleged in plaintiff’s complaint was of the class known as mental cruelty. The plaintiff alleged in her complaint that the defendant had been guilty of inflicting extreme cruelty on the plaintiff at many times, by conduct of a cruel and inhuman nature, and that it consisted largely of inflicting grievous mental suffering on the plaintiff; and then alleges certain specific instances wherein it is stated that the conduct of the defendant was detrimental to the health of the plaintiff and that of the minor child of the plaintiff and defendant. She alleges that these specific acts impaired their health to such an extent that life for the plaintiff with the defendant was “insupportable and impossible.”

Plaintiff’s appeal is based upon the assumption—an assumption contrary to law—that this court is authorized to pass upon the merits of findings of fact which have resulted from the trial court’s consideration of conflicting evidence. Counsel for appellant limit their contention to the proposition that the evidence “was of such a nature as to justify the court in…