73 Cal. App. 2d 601 | Cal. Ct. App. | 1946
David Bernstein obtained an interlocutory decree of divorce from his wife Rebecca on the ground of extreme cruelty, the court finding that she “treated plaintiff in a cruel and inhuman manner, which acts and conduct on the part of the defendant caused plaintiff grievous physical and mental suffering. ’ ’ Defendant appeals claiming that there was no corroboration of the important and material facts relied upon by the plaintiff as a basis for his decree; also, that an unreasonable lapse of time occurred before the commencement of the action. She depends upon the provisions of Civil Code sections 130 and 124 as requiring a reversal. The first mentioned section provides that “No divorce can be granted . . . upon the uncorroborated statement, admission, or testimony of the parties . . . but the court must . . . require proof of the facts alleged. ...” Section 124 provides that “A divorce must be denied: One . . . Two . . . Three. In all other cases when there is an unreasonable lapse of time before the commencement of the action.”
No specific acts of cruelty were alleged in the complaint but respondent testified at some length concerning a series of oral onslaughts, criticisms, accusations and misrepresentations directed toward him by his wife. Examples, as related by the plaintiff, follow: nagging continued over a period of years; accusations of misconduct with young women; committing adultery; having abortions performed; paying blackmail to avoid' trouble; cheating her in business; and conspiring with others to cheat her. He testified that there was no truth in the charges, but that the defendant made the derogatory
The suit was not filed until 1944, eight years after the . Portugal separation and, at the trial in 1945, plaintiff produced for corroboration two witnesses, his son by a former marriage and his brother.
The son testified that he had known his stepmother for more than thirty years and “if I recall, she has always made representations that my father cheated her, that she was not getting a square deal, that she was the brains of the business, and she claims she was the one that was supporting my sister and myself over a period of twenty-five years, and she always accused my father of having different women in the different parts of the country and in the world. . . . Well, this has been going on over a period of many years, over thirty years. I remember I lived with them once in Philadelphia, and they used to fight then; that is, for some reason or other, and it was always in the background of her mind, was some other woman, so I cannot say who or why, but that has been over thirty years, as long as I can remember.” As to his father’s condition, this witness stated: “Well, over a number of years he has become very,-1 used to call him a mental wreck. He is very nervous, erratic, a high-tension man, he cannot conduct a business, he has got at a state where I had to bring him out here to bring him under my doctor’s care.”
The brother of respondent testified that as late as November, 1944, appellant had made statements to him, accusing her husband of certain happenings which occurred prior to 1936, namely, adultery and dishonesty in business transactions with her. Also, “that he had affairs with girls under age, and that they were blackmailing him, that he was using up the money to pay these women for the trouble that he had got into. ’ ’
The appellant, in her answer to the complaint, denied the allegations of her mistreatment of her husband and in defense alleged that he deserted her in 1938 and asked that she be awarded a reasonable sum with which to support and maintain herself. At the trial she denied nagging the respondent, but admitted that she had accused him of misconduct with various women and girls. “I accused him under the conditions of what he told me himself, he bragged about them.”
On this subject respondent testified as follows: “Q. Did you brag to her about having improper relations with other girls? A. Definitely not; who would? Q. But at least you did not? A. I did not, definitely not. Q. Does that apply to girls both in this country and in London? A. In every country. Q. You never at any time bragged to her about having improper relations ? A. Definitely not. ’ ’
The judgment is affirmed.
Shinn, J., and Wood, J., concurred.
Appellant’s petition for a hearing by the Supreme Court was denied May 16, 1946.