McNett v. McNett

RICHARDS, J.

This is an appeal from a judgment in favor of the defendant upon his cross-complaint in an action for divorce. In the notice of appeal from the judgment the plaintiff also states that she takes an appeal from an order of the court directing that the custody of a minor child of the parties be turned over to the defendant pending the rendering and entry of the judgment. As to the so-called appeal from the latter order, we have vainly searched the voluminous record before us for the order referred to; but even if our search had been successful, we could not consider the same upon that portion of the appeal, for the reason that the notice of appeal shows upon its face that said order was made before final judgment, and was not, therefore, the subject of a separate appeal.

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Upon her appeal from the judgment itself the appellant makes the contention that the evidence in the case is insufficient to sustain the findings and judgment of the trial court. In support of this contention the plaintiff has embodied in her brief a few scattered and evidently incomplete excerpts from the reporter’s transcript, which contains 611 pages of the testimony of over twenty witnesses who were called and testified at the trial for or against the respective parties, and who were examined—and the most important of whom were cross-examined and re-examined— at great length. The light which the appellant thus sheds upon her contention as to the insufficiency of the evidence in the case is entirely too feeble and flickering to enable us to determine the point without an extended examination of the entire evidence in the ease. We have, however, attempted to make such examination, and from even a cursory inspection of the record it sufficiently appears that the testimony of the parties and of their witnesses in the ease is sharply in conflict as to practically every issue involved therein.

Aside from this, however, we have satisfied ourselves from a careful inspection of the record that the findings of the court are fully supported by the testimony offered on behalf of the cross-complainant herein, and that the judg

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ment of the court based upon such findings will not, therefore, be disturbed upon appeal.