Brenot v. Brenot

Citations

• 102 Cal. 294
• 36 P. 672
• 1894 Cal. LEXIS 637

Syllabus

<p>Divorce—Cross-Complaint—Dismissal.—Where the defendant, in an action for a divorce, denies the allegations of the complaint, and files a cross-complaint charging a ground of divorce against the plaintiff, if the court, upon hearing the evidence, finds the charges of both parties to be true, it may deny all relief to either party, and dismiss the action.</p> <p>Id.—Custody oe Minor Child—Incidental Relief.—In an action of divorce the question as to the proper custody of the minor child is entirely incidental to the main relief sought, and dependent alone upon the divorce proceedings; and when a decree of divorce is denied to both parties the court is not required to make any order as to the care and custody of the minor child.</p> <p>Id.—Costs—Discretion.—The question of costs in an action of divorce is a matter resting in the discretion of the trial judge.</p> <p>Id.—Charge of Adultery—New Trial Statement—Specification of Insufficiency of Evidence.—In an action of divorce based upon a charge of adultery with a person named, at several specified dates, a specification in the statement on motion for a new trial, assailing a finding oE fact on that issue in favor of the plaintiff, as not supported by the evidence, that “ the evidence introduced in this action fails to show that the defendant, at the times stated, was guilty of adultery” with the person named in the complaint is sufficient to require the court to consider the sufficiency of the evidence to support the finding.</p> <p>Id.—Object of Specifications.—The object of the statute requiring specifications of insufficiency of evidence is to bring directly before the mind of the court the particular point the aggrieved party desires to be reviewed, and also to give notice to the adverse party of the point of attack, and thereby enable him to produce any additional evidence tending to support the finding of fact assailed by the specification; and where the specification is sufficiently full to meet the purposes