O'Brien v. O'Brien

The plaintiff appeals from the judgment granting the defendant’s prayer in his cross-complaint for a divorce, upon the ground that the facts found do not warrant the conclusions of the trial court that the plaintiff had been guilty of intolerable cruelty toward the defendant and that he was entitled to a divorce. The plaintiff claims that the finding discloses no other ground for a divorce than unfounded accusations that the defendant had been guilty of adultery; and that such accusations are not a sufficient basis for a decree, of divorce.

In several recent cases we have defined cruelty as a…