Fleming v. Fleming

Citations

• 95 Cal. 430
• 30 P. 566
• 1892 Cal. LEXIS 842

Syllabus

<p>Divorce — Extreme Cruelty — Consideration of Ciroumstanoes. — What acts of a spouse will constitute extreme cruelty, within the meaning of the statute providing for a divorce upon that ground, cannot he defined with precision; but each case is to be determined, according to its own peculiar circumstances, by the good sense and judgment of the court or jury, keeping always in view the intelligence, apparent refinement, and delicacy of sentiment of the complaining party.</p> <p>Id. — Grievous Mental Suffering — Question of Fact. — Whether in any given case there has been inflicted grievous mental suffering upon one of the spouses is a pure question of fact to be deduced from all the circumstances of each particular case.</p> <p>Id.—Pleading — Attempt at Intercourse with Domestic — Publicity of Charge — Injury to Wife’s Health — Conclusiveness of Finding. — Where a complaint, in an action for a divorce by a wife on the ground of extreme cruelty, alleged that the defendant attempted to have sexual intercourse with their domestic, and that such conduct on the part of the defendant received great publicity by reason of a complaint having been made by the domestic before a magistrate, charging the defendant with assault with intent to commit a rape upon her, and that afterwards he threatened to turn the plaintiff out upon the world penniless unless she would help him to keep the domestic from prosecuting him on the complaint, and that such conduct on the part of the defendant, and the publicity given to it, caused the plaintiff grievous mental suffering, thereby greatly impairing her health, it cannot be said, as a matter of ' law, that such conduct did not inflict grievous mental suffering upon her, and a finding by the court that it did is conclusive upon appeal, in the absence of evidence in the record.</p> <p>Id.—Presumption — Intention to Annoy Wife.—Such conduct of the defendant being voluntary and inconsistent with marital integrity, it will be conclusively presu