Venzke

Venzke v. Venzke

Good Law
1892 Cal. LEXIS 667·94 Cal. 225·29 P. 499
Supreme Court of CaliforniaMarch 31, 1892No. 14485California663 words

Opinion

Lead Opinion

Vanclief, J.

Action for divorce on the ground of extreme cruelty, in which the judgment was in favor of the plaintiff.

The defendant appeals from the judgment, and from an order denying his motion for a new trial.

The complaint charges that *the cruelty was inflicted upon the plaintiff by calling her vile and opprobrious names, and charging her with infidelity to her marriage vows, and by communicating to her a loathsome venereal disease, which for a long time caused her great and, grievous bodily suffering and injury.

Among others, the court made the following finding: “ 5. That the defendant, for more than two years before the commencement of this action, had been guilty of ex. treme cruelty toward the plaintiff, and treated her in a cruel and inhuman manner, calling her vile and opprobrious names, and charging her with infidelity to her marriage vows.”

The only point urged here by appellant’s counsel is, that the finding numbered 5 is not justified by the evidence, not, however, because the testimony of the plaintiff did not sufficiently tend to prove it, but-because her testimony in that respect was not corroborated. The *226 sole question, therefore, to be determined is, Was the…

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