63 P. 65 | Cal. | 1900
The plaintiff brought this action against the defendant for a divorce, and set forth in his complaint certain conduct by her which he alleged had caused him great suffering and grievous mental anguish. The conduct with which the defendant was thus charged was that she had at a certain date clandestinely visited the house and home of another man during the absence of his family, and had secretly remained there with him for more than one hour, and had at divers other times secretly and clandestinely met him, and in company with him gone to places unknown to the plaintiff, and had remained away for several hours, and that he had at divers times visited the home of the plaintiff and defendant during the absence of the plaintiff, and while the defendant was alone, and upon each of said occasions had remained in said house in company with the defendant alone for several hours. The defendant made no answer to the complaint, but suffered default, and after hearing proofs of *639 the matters alleged the court granted the divorce. The present appeal is taken from this judgment without any bill of exceptions.
Whether the conduct of the defendant, as above set forth in the complaint, caused the plaintiff grievous mental anguish was a question of fact to be determined by the court from the testimony before it at the hearing. (Barnes v. Barnes,
The judgment is affirmed.
Garoutte, J., and Van Dyke, J., concurred.
Hearing in Bank denied.