Cohen v. Cohen

DRAPEAU, J.

*

Blanche Louise Cohen and Louis Cohen were married December 9, 1944. They separated after they had lived together for two months more than 10 years. They had no children.

Mrs. Cohen sued her husband for divorce, alleging grievous mental cruelty; he cross-complained for divorce upon the same ground.

The trial judge found that each of them had inflicted grievous mental cruelty upon the other, and granted each of them

[193]

a divorce.

(De Burgh

v.

De Burgh,

39 Cal.2d 858 [250 P.2d 598].)

The judge awarded the wife alimony at the rate of $125 a week for the first year, and after that $150 a week “until her death or remarriage.” He awarded her attorney’s fees in the amount of $6,000, and costs in the sum of $473.95; $600 to an appraiser; and $1,000 to a certified public accountant. The wife’s attorney had theretofore been allowed $1,000 on the order to show cause. And the judge awarded the wife an old Chevrolet coupe which she had been using.

The wife does not appeal from the judgment.

The husband appeals from certain parts of it.

He is satisfied to have the divorce; but he doesn’t want his wife to have alimony, counsel fees and costs as awarded, the appraiser’s and accountant’s fees, or the automobile.

He predicates his appeal upon the following issues:

1. That there is not substantial evidence to support the finding that he inflicted mental cruelty upon his wife.

2. That there is not sufficient corroborating evidence of her testimony.

3. That it was an abuse of discretion for the trial judge to allow his wife alimony, counsel fees and costs, and the appraiser’s and accountant’s fees. Finally he ■ says that the superior court was without jurisdiction to transfer title to the automobile to his wife.