Stanton v. Stanton

JENNINGS, J.

Defendant appeals from an interlocutory decree in an action for divorce. The complaint alleged and the trial court found that the defendant had been guilty of extreme cruelty. Appellant attacks the findings upon this issue as not being sufficiently supported by the evidence. It is also contended that there was insufficient corroboration of respondent’s testimony relative to the acts and conduct of appellant which it was alleged constituted extreme cruelty.

[464]

Appellant’s chief contention is that the trial court committed error in admitting testimony as to the excessive use of intoxicating liquor hy appellant without first requiring respondent to prove other acts which would amount to cruelty and further that the findings and judgment of the trial court are unsupported hy evidence of any acts or conduct of appellant amounting to cruelty other than evidence relating to appellant’s habitual intemperance. It would appear to be elementary that excessive addiction to the use of intoxicating liquor or habitual intemperance may be a contributing factor to a course of conduct on the part of one of the spouses that would inflict grievous physical injury or grievous mental suffering on the other

(Bennett

v.

Bennett,

55 Cal. App. 268 [203 Pac. 162]). Nor do we understand that the appellant contends otherwise. His objection seems to be that the findings of the trial court with respect to the issue of extreme cruelty are unsupported by evidence, properly corroborated, of any act or conduct other than excessive indulgence in intoxicating liquor and that evidence of such indulgence standing alone is insufficient to sustain a finding of extreme cruelty. The allegations with respect to cruelty are contained in paragraph IY of the. complaint. They comprise six specifications of acts which it is alleged caused respondent to suffer grievous bodily harm and mental anguish. These six specifications are in brief as follows: (1) Excessive drinking of intoxicants; (2) Threat by appellant at Long Beach, California, during the month of January, 1927, that he would kill respondent if she did not return to him, appellant then being armed with a revolver; (3) Gambling on numerous occasions; (4) Continued absence from home until late hours of night; (5) Threat of bodily harm made hy appellant on October 23, 1927; (6) Appellant’s reputation for intemperance in the neighborhood where the parties resided produced comment which caused respondent great suffering.