Anderson v. Anderson

LANGDON, P. J.

This appeal is taken by the defendant from a judgment against her by which plaintiff was granted an interlocutory decree of divorce.

[768]

Appellant devotes much space in her brief to the cases expressing the general attitude- of courts with reference to divorce actions. There is no dispute about what this attitude is and it is beyond controversy that the policy of the law, as expressed by appellant, is to conserve the stability of the marriage relation and to grant no divorce except upon clear proof, adequately .corroborated, of facts specified by the code as grounds for divorce. However, we find no violation of these principles in the present record. The complaint charged the defendant with having an uncontrollable temper, with constant “quarreling, almost continually from the date of the marriage (Dee. 6, 1916), to June 21, 1918. He also charged that she had falsely accused him of improper relations with a “German woman”; that she had stated to divers persons that she was going to “put plaintiff out of business”; that defendant had interfered with plaintiff’s business by calling at his office and insisting upon reading all his business letters; that she had accused him of being “so crooked in his business dealings that he never got through with a transaction without having a lawsuit over it”; that on June 21, 1918, in the town of Novato, California, the defendant met plaintiff outside of the freight-sheds of the Northwestern Pacific Railroad; that plaintiff had called there for his satchel and had found that defendant had previously secured possession of it. He remonstrated with the station agent for having delivered the satchel to defendant and thereupon defendant turned upon him with vile language, striking him in the face with clenched fists and striking his eye several times so that it became bruised and swollen; that defendant thereupon stated to several persons standing about: “That man left me to go with a German woman. I will have him driven out of town by the people of Novato”; that defendant followed plaintiff as he left said station and picked up a stone and threatened to strike plaintiff with it and in order to avoid being struck plaintiff was obliged to seek shelter -in the depot; that defendant has stated to divers persons that she is going to put plaintiff out of business; that she not only personally annoyed, harassed and assaulted the plaintiff, but caused her mother and sister to assist her in annoying, harassing and assaulting him. Plaintiff then specifies an instance in which defendant’s mother and sister