Vercelli

Vercelli v. Vercelli

Good Law
1963 Cal. App. LEXIS 2467·215 Cal. App. 2d 102·30 Cal. Rptr. 146
Court of Appeal of CaliforniaApril 15, 1963Civ. No. 20583California1,905 words

Opinion

Lead Opinion

Shoemaker, J.

Defendant wife appeals from the interlocutory judgment of divorce awarded plaintiff husband, and from the order denying her motion made under Code of Civil Procedure, sections 663 and 663a, to set aside the judgment and enter a different judgment. The interlocutory judgment was granted on the ground of extreme cruelty and also gave physical custody of the 5-year-old daughter to the husband. All relief sought by defendant on her cross-complaint was denied.

Appellant first contends that the evidence was insufficient to support the finding that respondent was entitled to a divorce upon the ground of extreme cruelty. This contention is without merit.

It would serve no purpose to recount the evidence herein. We have read the record and find the evidence as to the cruelty of each party to the other is in conflict. We find ample evidence to support the allegations of the plaintiff as to his wife’s cruelty, and the pain and suffering it caused him. His testimony is strongly corroborated and the court’s ultimate finding that plaintiff was entitled to a divorce on the ground *104 of defendant’s extreme cruelty is abundantly supported by the evidence adduced. (See Waltz v. Waltz (1957) 150…

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