Knapp v. Knapp

BURNETT, J.

Plaintiff was granted an interlocutory degree of divorce on the ground of cruelty and she was awarded certain community property. The appeal is from- that portion of the judgment “which attempts to and does set aside and award to the plaintiff herein the real property mentioned and described in said judgment; also that portion of said judgment which attempts to and does set aside and award to said plaintiff the household furniture mentioned and described in said judgment; also that portion of said judgment which sets aside and awards to plaintiff a one-third interest of, in and to the sum of $1,000 mentioned and described in said judgment,” and none of the evidence is brought up.

The points urged for reversal of the judgment are so destitute of merit as hardly to merit specific attention. However, they will be accorded brief consideration.

I. That the complaint states a cause of action for divorce on the ground of cruelty cannot admit of doubt. It is therein alleged: “That ever since the marriage of this plaintiff and said defendant and continuously during said period of time the defendant has wrongfully and willfully inflicted and he still does wrongfully and willfully inflict upon this plaintiff a course of grievous mental suffering and grievous bodily injury, and more particularly as follows, to wit.” This is followed by the specification that, in January, 1906, “the said defendant at the residence of the parties hereto without any

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reasonable cause, excuse or provocation willfully used force and violence on the person of this plaintiff”; that, in January, 1908, “the said defendant at the residence of the parties hereto without any reasonable cause, excuse or provocation therefor used force and violence on the person of this plaintiff, slapped this plaintiff in the face and injured the plaintiff’s person and body, thereby causing this plaintiff to have black and blue marks upon her person and black and blue eyes for several days thereafter; that upon said occasion the said defendant without any reasonable cause, excuse or provocation therefor, broke and smashed the furniture in the house of said parties.” Other similar instances are pointed out and the complaint proceeds: “That the foregoing acts and conduct on the part of the said defendant consist of but a few of the acts of cruelty and brutality .inflicted upon this plaintiff by said defendant since and during the married life of said parties, and that by reason of the acts and conduct hereinabove specifically set forth and described, this plaintiff has been caused to suffer, and she has suffered and does now suffer great and grievous bodily injuries and great and grievous mental anguish, and the said plaintiff further alleges that to longer live with said defendant would, as plaintiff is informed and believes, and therefore alleges, be dangerous to the health and physical being of herself.”