Cooper v. Cooper

Citations

• 88 Cal. 45
• 25 P. 1062
• 1891 Cal. LEXIS 644

Syllabus

<p>Divorce — Corroboration of Plaintiff. —Under section 130 of the Civil Code, providing that no divorce shall be granted upon the uncorroborated statement, admission, or testimony of the parties, the testimony of the plaintiff need not be corroborated as to every fact and circumstance, but it is enough if the facts corroborated are sufficient to support the action, and justify the entry of a decree in the plaintiff’s favor.</p> <p>Id. — Extreme Cruelty—Corroboration as to One Act.—Where the defendant is charged with many acts of extreme cruelty extending through a period of years, the testimony of plaintiff as to a course of extreme cruelty on the part of the defendant, and evidence of his admissions of cruelty to another witness, is sufficiently corroborated by further proof of one of the acts of cruelty alleged in the complaint.</p> <p>Id.—Former Suit by Defendant — Unfounded Charges of Cruelty. — The institution of a former suit by the defendant against the plaintiff, without any cause, the complaint in which contained extremely cruel and unjust charges, such as no husband should be permitted to make against his wife if untrue, is an act of cruelty, which is sufficiently corroborated by evidence of the complaint containing the charges, and of the voluntary dismissal of the action, and by testimony of a witness as to its cruel effect upon the defendant.</p> <p>Id. — Dismissal of Soit — Presumption as to Falsity of Charges. — It will be presumed that charges niade in a complaint in an action for divorce were untrue, where the action is voluntarily dismissed by the plaintiff.</p>