Fitzsimmons v. Fitzsimmons

This is an appeal from a judgment denying plaintiff a divorce and awarding defendant the custody of the minor child of the parties, allowing her $29 a week for the support of herself and the child and dividing the community property.

Plaintiff filed his action seeking a divorce- on the ground of extreme cruelty. Defendant answered denying the extreme cruelty and filed a cross-complaint for separate maintenance, alleging extreme cruelty, to which plaintiff filed an answer denying the cruelty.

We have studied the entire record and it is apparent from the evidence that the marital troubles of the…