Kuhl

Action for divorce on the ground of extreme cruelty. The action was tried' before Hon. D. J. Murphy, late judge of the superior court, who found from the evidence that the defendant was not guilty of extreme cruelty toward the plaintiff, and did not inflict upon him grievous mental suffering, and, as no affirmative relief was sought by defendant, judgment of dismissal was entered. Plaintiff moved for a new trial upon the ground that the evidence was not sufficient to justify the findings, and that the decision was against law. A bill of exceptions was settled by Judge Murphy, and the motion was afterward heard before Judge Bahrs, who made an order granting a new trial, and from that order the defendant appeals.

The complaint alleged that the parties intermarried July 23, 1895; that on divers occasions the defendant was guilty of extreme cruelty toward the plaintiff, and particularly as follows: “In the month of April, 1896, she had angrily upbraided the plaintiff, and said to him, Hod curse your soul/ and on many occasions in or about said month of April, 1896, she called him a ‘damned Dutchman’ and a ‘loafer.’ In the month of May, 1896, the defendant falsely and maliciously…