Haskell

Haskell v. Haskell

Good Law
54 Cal. 262
Supreme Court of CaliforniaJuly 1, 1880No. 6,102California1,068 words

Opinion

lead Opinion

Departmentsharpstein, J.

The plaintiff, for a first cause of action, alleges that the defendant, for more than ten years next preceding the commencement of this action, was guilty of extreme cruelty toward her; and then proceeds to detail at great length a series of acts, which, if proved, would support a finding of adultery. Immediately following this narrative, in the same count, is an allegation “ in further support of said charge of extreme cruelty,” as the pleader styles it, “ that for more than ten years past, and until now, defendant has been addicted to the use of intoxicating drinks,” which caused him to be “ querulous and disagreeable— often using toward plaintiff offensive language in the presence of the children ; that his breath became nauseous and offensive ; so that for these reasons, and by reason of his intimacy ” with the woman who is alleged to have been his paramour, the plaintiff with the defendant’s consent ceased to lodge with him in 1871. It is further alleged in this connection, that during said ten years the defendant often appeared before the plaintiff and her children “in a state of intoxication, and many times •when he was very drunk, so much so as to hardly know what he was…

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