Bruce v. Bruce

SHINN, P. J. There is before us for consideration an appeal by Erna Bruce from a judgment of divorce granted to George Bruce upon his cross-complaint. Plaintiff, a musician, was married to defendant, a writer of screen plays, on June 11, 1944, and she" separated from him July 30, 1945. By their pleadings each accused the other of extreme cruelty. After a trial in which some 40 witnesses gave testimony covering more than 900 pages of reporter’s transcript, the issues were found in favor of defendant and judgment was entered granting him a divorce and awarding him the inconsiderable amount of community property that had been accumulated. [211]Fortunately, the assignments of error are such that we need consider the evidence relating to only one of the situations which formed the basis of plaintiff’s charges of cruelty. Three or four claimed errors relate to rulings on the admission of testimony concerning defendant’s acquaintance and association with a young Mexican motion picture actress and entertainer who may be appropriately referred to in our opinion as Miss “X.” Anonymity is not adopted because the young lady appears in an unfavorable light, but only because we shall have need to refer to accusations of improper conduct on her part, as to which no evidence was received at the trial. Defendant met Miss X in 1943 and, according to his admissions on the stand, developed a lively professional interest in her, which led to his entering into a contract for her exclusive professional services for a compensation of $50 per week. He kept up the payments until about February, 1945, when Miss X obtained employment as an actress, at which time defendant surrendered her contract. Prior to his marriage to plaintiff, he bestowed upon Miss X numerous gratuities, such as expensive articles of wearing apparel and jewelry, but it seems that he made no presents to her thereafter. He saw Miss X frequently until June, 1944, when she went to Mexico. He was sent to Mexico City to prepare material for a motion picture. Miss X was entertaining in Acapulco in military camps. Defendant saw her twice in Mexico City during the last week he was there, both times, he testified, in the presence of others. She returned to Hollywood in November, 1944, and in the next six or eight months defendant saw her four or five times and telephoned her on frequent occasions. His meetings with her were in the offices of her agent or those of other professional people, although on one occasion she came to his house where she visited with defendant, his wife and others, and discussed her professional career.

Early in the trial the court indicated that evidence would not be received as to alleged nonprofessional relations between defendant and Miss X prior to defendant’s marriage to plaintiff. Subsequently, plaintiff’s attorney made an offer to prove that these relations were of an intimate nature, that defendant had bestowed many presents upon Miss X and that they had lived together in Mexico City prior to defendant’s marriage. There was no offer to prove whether plaintiff knew of these alleged relations at the time she married defendant, or when she found out about them, or whether, if