Johnson v. Johnson (1859) · DecisionDepot

Johnson v. Johnson

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1859Published

Before: Cope

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Holding. A spouse cannot be granted a divorce on the grounds of extreme cruelty when their own conduct was calculated to provoke the ill treatment complained of.

Issues

Whether the plaintiff's conduct, which provoked the defendant's ill treatment, precludes a divorce based on extreme cruelty.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The conduct of the plaintiff was well calculated to provoke the ill treatment of which she complains; and such treatment cannot, therefore, be urged by her as a ground for divorce.”

Synopsis

Divorce for extreme cruelty not generally granted, when such cruelty is caused by the misconduct of the wife, who applies.

Cope, J. delivered the opinion of the Court—Baldwin, J. concurring.

This is a suit for a divorce. The defendant is charged in the complaint with adultery and with extreme cruelty. The evidence relates exclusively to the latter charge. We do not see how the decree of the Court below could have been different. The conduct of the plaintiff was well calculated to provoke the ill treatment of which she complains; and such treatment cannot, therefore, be urged by her as a ground for divorce. (See Bishop on Marriage and Divorce, Sec. 491.)

Judgment affirmed.

Johnson v. Johnson

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