Reid
Reid v. Reid
Opinion
Lead Opinion
McFarland, J.
This is an action for a divorce brought by the wife against the husband upon the statutory grounds of extreme cruelty and willful neglect to pro *276 vide the common necessaries of life. The defendant in his answer denied the material averments of the complaint; and, in a cross-complaint, charged against the plaintiff willful desertion and extreme cruelty, and upon these grounds prayed for a decree of divorce in his favor against her. The court found against plaintiff’s charges of extreme cruelty and neglect; and found that plaintiff was guilty of both desertion and extreme cruelty, decreed a divorce in his favor on both said grounds, awarded the custody of the children to him, and disposed of the community property as hereinafter mentioned. The plaintiff appeals from the judgment and from an order denying her motion for a new trial.
The evidence shows some unamiable conduct on the part of both husband and wife; but it is not sufficient to show extreme cruelty by either. If the statements of appellant on the witness stand could, taken together, be considered as showing facts sufficient to constitute in law extreme cruelty, still it was entirely uncorroborated. What respondent…