Shapiro

Plaintiff instituted an action for divorce on the ground of extreme cruelty, setting forth eleven specific acts of marital misconduct on the part of the defendant. The trial court found in favor of plaintiff and against the defendant’s cross-complaint and plea of recrimination.

Appellant states in his opening brief that as to several of the accusations pleaded by plaintiff and found to be true by the court, the evidence is in “substantial conflict”, but urges nevertheless that the judgment should be reversed for the reason that his own recriminatory plea was fully established. This, of course, is rather an indefinite challenge to the sufficiency of the evidence. It is not suggested, we may observe parenthetically, that the accusations of plaintiff concerning which the evidence was in conflict, were trivial in character, and for this reason it is immaterial whether other accusations, covered by the findings, were supported by the evidence. It was not necessary that plaintiff should prove each of the allegations of cruelty set forth in her complaint. If enough material facts relied on were proved to fulfill the definition of extreme cruelty as it appears in section 94 of the Civil…