When an application for a divorce is made upon the grounds of cruel treatment or habitual intoxication, it is, under the Civil Code, § 2427, in the discretion of the jury whether a total or a partial divorce will he granted ; and when, in a given case, the jury,have exercised their discretion hy granting a partial divorce, and the judge of the superior court has exercised his discretion hy overruling a motion for a new trial filed hy the plaintiff, the Supreme Courdlwill not interfere.

Judgment affirmed.