BRADLEY v. BRADLEY (1949)

District Court of Appeal, First District, Division 2, California.

BRADLEY v. BRADLEY.

Civ. 13960.

Decided: November 26, 1949

J. Elwood Andresen, Oakland, for appellant. Francis P. Healey, Richmond, for respondent.

The only matters urged on this appeal were those decided by this court in the opinion previously filed. We quote from page 3 of appellant's opening brief: ‘Two questions arise from the evidence as follows: 1. Condonation, and 2 the sufficiency of corroboration of plaintiff's testimony.’ On petition for rehearing appellant attempts to raise for the first time a third point, the claimed insufficiency of the evidence as a matter of law to support a finding of extreme cruelty.

This latter question is presented too late. Appellate courts cannot submit to piecemeal argument and will not consider on petition for rehearing questions not previously raised. Pasadena Ice Co. v. Reeder, 206 Cal. 697, 705, 725 P. 944, 276 P. 995; Merchants$h Ice & Cold Storage Co. v. Globe Brewing Co., 73 Cal.App.2d 828, 838, 167 P.2d 503; 2 Cal.Jur. 790–792.

Rehearing denied.

GOODELL, Acting Presiding Justice.

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