Aston v. Aston

Divorce—Decree for Wife on Cross-complaint—Demurrer—Appeal from Order Denying New Trial—Review.—In an action for divorce by the husband, where the wife obtained a decree by cross-complaint, a demurrer to which was overruled, upon the husband’s appeal solely from an order denying his motion for a new trial, the action of the court in overruling his demurrer to the cross-complaint cannot be reviewed.

Id.—Divorce Allowed for Desertion and Adultery—Award of All Community Property to Wife—Discretion.—Where the divorce was granted to the wife both for desertion and adultery by the husband, the court, by reason of its having been granted for adultery, had the power, in its discretion, to award all the community property to the wife, as the innocent party.

Id.—Award of Community Property not Reviewable.—The award by the judgment of the community property to the wife, because of the husband’s adultery, cannot be reviewed upon an appeal taken by the husband solely from the order denying his motion for a new trial.

Id.—Finding of Adultery Sustained—Husband Living With Another Woman as His Wife.—Evidence that the husband, after deserting his wife, formed an adulterous connection with another woman, who, with his knowledge and consent, called him her husband, and used his name as such, the husband likewise referring to and designating her as his wife, was sufficient to support the findings as to the husband’s adultery with such woman.

Id.—Adultery Provable by Circumstantial Evidence.—Adultery maybe proved by circumstantial evidence, and that is the usual way in which it is proved.

Id.—Documentary Evidence—Holding Out Relation as That of Husband and Wife.—Documentary evidence, the purpose and tendency of which was to show that the woman with whom the husband was living did with his knowledge hold herself out therein as his wife, and that he also held her out therein as such and himself as her husband, was admissible against the husband in the divorce suit on the issue of adultery.