Hunter

—Action for divorce on the ground of extreme cruelty. The court found that defendant “treated the plaintiff in a cruel and inhuman manner, inflicting on her great bodily injury and mental suffering, striking her and otherwise physically abusing her.” The fourth finding is,,,, “that, after the commission of the said acts of cruelty, the ' plaintiff forgave the said defendant, and condoned the said matrimonial offenses.” As conclusion of law, the court found that by reason of such condonation plaintiff is not entitled to a decree of divorce. Appellant claims that the evidence does not sustain the finding of condonation, arid she appeals from the judgment and from the order denying motion for new trial.

The evidence showed that the parties were married in Nebraska in 1878, and had lived in Santa Clara County six years previous to the commencement of the action, and that six children were born to the marriage, the youngest now five and the eldest nineteen years. The cruel treatment complained of consisted of successive acts of ill treatment, of which there was abundant evidence, and began about three years before the commencement of the action. It was of such character as not only to…