Rose

Action for divorce on the ground of extreme cruelty and habitual intemperance.

The decree was in favor of plaintiff, granting her a divorce on both grounds, and awarding her the larger share of the community property. Defendant appeals from the judgment and an order denying him a new trial.

A careful review of the record discloses no substantial merit in the points urged in behalf of appellant.

The objection that the complaint is insufficient in its statement of the cause of action for intemperance is untenable. Assuming that it would be obnoxious to a special demurrer on the ground of uncertainty, no demurrer was interposed, and, in its absence, the pleading cannot be held bad. (Reading v. Reading, 96 Cal. 4 .)

Nor is there any merit whatsoever in the point that the finding as to the habitual intoxication of defendant is unsupported by the evidence. Whatever may be said as to the apparent preponderance of the evidence on that issue, as disclosed by the record, it presents a very *344 sharp and substantial conflict, and leaves no room for the claim that there was not evidence to sustain the view expressed in the finding of the court below.

The declarations of the wife made to…