Matthai v. Matthai
California Supreme Court
Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The parties were married in San Francisco in 1855. This action was commenced by the wife to obtain a divorce, in June, 1873. The complaint alleged several acts of personal violence to have been committed by the husband, within one year before the action was commenced.
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Appeal from the District Court, Nineteenth Judicial District, City and County of San Francisco. The parties were married in San Francisco in 1855. This action was commenced by the wife to obtain a divorce, in June, 1873. The complaint alleged several acts of personal violence to have been committed by the husband, within one year before the action was commenced. The parties had five children: Bose, aged seventeen; Bichard, aged fifteen; Julia, aged twelve; Frank, aged ten, and Louis, aged eight years. The wife’s testimony showed that the husband had a violent temper, and that in October,…
1Opinion of the Court
By the Court.
It is not claimed by the appellant that an error of law, in admitting or excluding evidence, occured at the trial. The only point made by the appellant is, that the evidence is insufficient to sustain the findings, or justify the decision based thereon. The sole specification is, “that the testimony of the plaintiff, which is positively contradicted by the defendant, whose character for veracity has not been impeached, is not corroborated sufficiently to established the charge of extreme cruelty, as defined by statute.” The general grounds, upon which the complaint proceeds, are…
2Cited by3 opinions
- Cooper v. CooperCalifornia Supreme Court · 1891
- Thoele v. ThoeleCalifornia Court of Appeal · 1929
- Johnston v. JohnstonCalifornia Court of Appeal · 1911