Hill v. Hill

LUTTRELL, J.,

pro tem,

In this action the plaintiff was granted an interlocutory decree of divorce from the defendant on the ground of extreme cruelty. By the judgment or decree plaintiff was awarded the custody of the two minor children of the parties, one, a boy thirteen and one-half years of age at the time of the decree and the other, a girl ten and one-half years old. Provision was made in the decree for the support of the children by the defendant and he was required to pay to plaintiff a stated sum as her attorney’s fee in the action. The decree also disposed of the community property of the parties.

Defendant has appealed from the judgment on the ground that the evidence is insufficient to support the findings and the judgment and that the testimony of the plaintiff was not corroborated, as required by section 130 of the Civil Code of California. Respondent contends that the evidence adduced is amply sufficient to support the findings and judgment of the trial court and that respondent’s testimony was sufficiently corroborated to satisfy the requirement of the above-mentioned section of the code.

An examination of the record of the evidence given at the trial demonstrates to our satisfaction that there is no merit to either of the contentions of the appellant. The trial court found, among other things, that on one occasion, as charged in respondent’s complaint, the appellant struck respondent in the face, breaking her glasses and leaving black and blue marks on her face and that he at said time twisted her wrists; that on another occasion he seized her and threw her over a rocking-chair, thereby bruising her

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back. The court further found that appellant falsely accused respondent of flirting and associating with other men and that he, in the presence of their children, called respondent a son-of-a-bitch and a whore and that the said acts and conduct of appellant caused respondent grievous mental anguish and physical suffering.

Respondent testified fully as to the above-mentioned acts of cruelty as well as to many others on the part of her husband. Her testimony was in all particulars mentioned in the findings corroborated by that of the son of respondent and appellant, who, according to his evidence, witnessed both of the physical encounters between the parties herein narrated and on one of such occasions found his mother weeping and prostrated. The son also testified to having heard the appellant apply said vile epithets to the respondent in the presence of himself and his sister.