Devoe v. Devoe

Citations

• 51 Cal. 543

Syllabus

<p>Complaint fob a Divoece .—A complaint, in an action to obtaina divorce, ■which merely charges the defendant with “willful neglect ” does state a cause of action, because, by the statute, there are two sets of facts which are included within the expression “willful neglect.”</p> <p>Findings of Fact in Divoece Suit.—If the complaint, in an action for divorce, charges the defendant with willful neglect because by reason of' profligacy and dissipation he has failed to provide for her, a finding that the defendant has been guilty of willful neglect by failing to provide for the plaintiff, he having the ability to do so, is outside the issues, and does not -warrant a judgment for the plaintiff.</p> <p>Finding of Facts.—The finding of facts must be within the issues.</p>