Smith v. Smith

Citations

• 124 Cal. 651
• 57 P. 573
• 1899 Cal. LEXIS 1042

Syllabus

<p>Divorce—Extreme Cruelty—Pleading—Ultimate Fact.—Under section 94 of the Civil Code extreme cruelty may consist of the infliction of grievous bodily injury or grievous mental suffering, « which is the ultimate fact, and must he alleged. A complaint which merely alleges that defendant has treated the plaintiff in a cruel and inhuman manner, that he has applied coarse epithets to her which are described, and has accused her of a want of chastity, without alleging either grievous bodily injury or grievous mental suffering as the result of the cruelty alleged, does not state a cause of action.</p> <p>Id.— Willful Neglect—Division of Community Property—Homestead—Discretion.—Where a divorce is properly granted to a wife for wdllful neglect of the husband to provide the necessaries of life, the court has power to divide the community property upon which a homestead has been declared, and it has a wide discretion in making the division. The homestead need not be divided in severalty.</p>