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Johnson v. Johnson

Supreme Court of California
Oct 1, 1859
14 Cal. 459 (Cal. 1859)

Opinion

         Appeal from the Twelfth District.

         Judgment for defendant, plaintiff appeals.

         COUNSEL:

         Waller & Moore, for Appellant, cited: Morris v. Morris, ante; Bishop on Marriage and Divorce, Secs. 495, 454, Note 5; 456-458; 462-465, Note 1.

          E. Mackinlay, for Respondent.


         JUDGES: Cope, J. delivered the opinion of the Court. Baldwin, J. concurring.

         OPINION

          COPE, Judge

         This is a suit for a divorce. The defendant is charged in the complaint with adultery and with extreme cruelty. The evidence relates exclusively to the latter charge. We do not see how the decree of the Court below could have been different. The conduct of the plaintiff was well calculated to provoke the ill treatment of which she complains; and such treatment cannot, therefore, be urged by her as a ground for divorce. (See Bishop on Marriage and Divorce, Sec. 491.)

         Judgment affirmed.


Summaries of

Johnson v. Johnson

Supreme Court of California
Oct 1, 1859
14 Cal. 459 (Cal. 1859)
Case details for

Johnson v. Johnson

Case Details

Full title:JOHNSON v. JOHNSON

Court:Supreme Court of California

Date published: Oct 1, 1859

Citations

14 Cal. 459 (Cal. 1859)

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