Ballard
Ballard v. Ballard
Opinion
Lead Opinion
Kaufman, J.
This is an appeal from an interlocutory decree of divorce. By plaintiff’s complaint, the court was requested to grant her a decree of separate maintenance. After denial of the defendant-husband’s motion for a change of venue, he filed his verified answer and cross-complaint for divorce on the ground of mental cruelty. The court denied plaintiff relief on her complaint for separate maintenance and granted the defendant a divorce on his cross-complaint and *81 made certain findings concerning the property of the parties. This appeal by the plaintiff-wife is confined to the divorce only. She argues that: 1) the evidence is insufficient to sustain the finding that the respondent was a resident of San Mateo County; 2) the evidence is insufficient to sustain the finding of extreme cruelty; and 3) she was denied a fair trial because of the trial court’s aversion to actions for separate maintenance. There is no merit in any of these contentions.
Appellant first argues that the court erred in granting a divorce to the respondent husband because there was no independent corroboration of the jurisdictional requirement of residence. This contention is based on respondent’s motion for a…