Bing

This is an appeal from that portion of a judgment rendered in a divorce action which divided the community property between the parties. Defendant-appellant was granted a divorce on his cross-complaint. The ground was extreme cruelty.

The trial court found that the community property of the parties was of the value of $62,021.87 and awarded respondent wife the sum of $21,707.35 as her share. That sum amounts to 35 per cent of the whole. Appellant attacks the court’s ascertainment of the value of the community property, but in doing so makes assumptions which, upon this record, cannot on appeal be permitted to stand against the court’s findings. The court’s findings do not fully show what valuations of the various items of community property it accepted. The issue as to the value of community property appears to have been sharply contested and the proof was materially in conflict. It appears that on one occasion the court, apparently on motion of appellant, reduced its figure for total value by something over $7,000.

Appellant was a contractor, who had for some time been in partnership with another and who thereafter for several years had operated his own business after the…