White v. White

Citations

• 86 Cal. 219
• 24 P. 996
• 1890 Cal. LEXIS 1008

Syllabus

<p>Divorce — Desertion — Extreme Cruelty — Adultery — Cross-complaint— Recrimination — Consistency of Findings.—When the husband sues the wife for a divorce upon the alleged grounds of adultery and desertion, and the wife denies the charges, and brings a cross-complaint against the husband for a divorce, alleging adultery, willful neglect, desertion, and extreme cruelty on his part, and the husband pleads the wife’s desertion by way of recrimination, if the court finds against plaintiff as to the alleged adultery and desertion of the wife, and in favor of defendant as to plaintiff’s adultery, neglect, and desertion, and against her as to the averment of cruelty, a finding that defendant left the plaintiff and did not return is not inconsistent with the finding that she did not desert the plaintiff.</p> <p>Id.—Leaving Husband for Cruelty — Corroborating Evidence.— Though the court cannot grant a divorce on the ground of extreme cruelty of the husband upon the uncorroborated testimony of the wife, it is not under such restraint when considering whether the leaving of the husband by the wife constituted willful desertion, or was justified by his cruel treatment, and upon that issue the court may believe the uncorroborated testimony of the wife as against the testimony of the husband.</p> <p>Id. —Disposition of Community Property — Findings — Appeal from Judgment — Presumption — Discretion. — When an appeal is taken from a judgment granting a divorce to the wife for the adultery of the husband, and awarding to her the whole of the community property, though the court finds that it cannot determine fully the resources of the husband without an investigation and accounting before a referee, yet if it finds that evidence had been taken on the subject of property, it will he presumed, in favor of the decree, that the court knew the limits within which the community property would lie, and intelligently exercised its discretion in awarding the whole of it to the wife,</p> <p