LaMar

Plaintiff brought this action for divorce against her husband on the grounds of adultery and extreme cruelty. The cause of action on the ground of extreme cruelty was stated in general terms as follows: “Willfully disregarding the solemnity of his marriage vows, defendant has treated *900 plaintiff in a cruel manner and has subjected her to a course of cruel treatment and has thereby wrongfully inflicted upon plaintiff grievous mental suffering, humiliation and embarrassment. That because of such cruel treatment, plaintiff has suffered extreme mental cruelty to such an extent as to impair her health and peace of mind.” Defendant denied plaintiff’s allegations as to both causes of action. ' He filed a cross-complaint praying for a divorce on the ground of extreme cruelty of plaintiff, which he alleged in general terms. He (also alleged specific acts of cruelty. The trial court granted plaintiff a divorce on the ground of defendant’s extreme cruelty. It made no specific findings, but found that the allegations of cruelty in the complaint were true despite defendant’s objection “that the proposed findings of facts do not cover specific facts as to the issue of extreme cruelty” and…

I concur in the judgment and in the opinion insofar as it holds that the defendant is now foreclosed from his insistence on findings of specific acts of cruelty. This is so because of his failure to demur for uncertainty to the general allegations of the complaint. (See Code Civ. Proc., § 426b.) But this is as far as the court need or should go in the determination of the appeal. The question of the effect of the failure of a plaintiff to avail himself of the right to object to general findings against him on such an issue is not involved in this case, and I dissent from the portion of the opinion which assumes to decide that question. I see no reason or justification for reaching out beyond the issues in this case to disapprove directly or otherwise such well-reasoned cases as Bilger v. Bilger, 54 Cal.App.2d 739 [ 129 P.2d 752 , and Del Ruth v. Del Ruth, 75 Cal.App.2d 638 [ 171 P.2d 34 ],

Appellant’s petition for a rehearing was denied December 18, 1947.