Eidenmuller v. Eidenmuller
California Supreme Court
Appeal from the District Court, Fourth Judicial District. City and County of San Francisco. ' This was an action for a divorce, on the ground of extreme cruelty.
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Appeal from the District Court, Fourth Judicial District. City and County of San Francisco. ' This was an action for a divorce, on the ground of extreme cruelty. The testimony on behalf of the plaintiff tended to show that' the defendant on two different occasions struck the plaintiff with his fist and hand upon the face and head, so as to leave marks of violence, which remained several days, and that on one of these occasions, in the night, after she had taken refuge in a room occupied by a servant girl, and locked it, he broke the door open, and taking her by the arms dragged her back into…
1Opinion of the Court
By the Court, Rhodes, J.:
The evidence was, in our opinion, sufficient to authorize the Court to grant a divorce on the ground of extreme cruelty. The conduct of the plaintiff was not free from fault, but it was not of such a character as to excuse the defendant’s acts of personal violence.
The common property consisted of a house and lot, worth aboút three thousand five hundred dollars; household furniture, worth about one thousand dollars, and a horse and buggy, worth about four hundred and fifty dollars.- The defendant is a practicing physician, having an income of about one thousand eight…
2Cited by26 opinions
- In Re Marriage of FlahertyCalifornia Supreme Court · 1982
- De Burgh v. De BurghCalifornia Supreme Court · 1952
- Ex parte SpencerCalifornia Supreme Court · 1890
- Webber v. WebberCalifornia Supreme Court · 1948
- Gaston v. GastonCalifornia Supreme Court · 1896
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