Van Ness v. Van Ness

From a judgment awarding a divorce in favor of the defendant on his cross-complaint the plaintiff has appealed. On July 23, 1936, the plaintiff commenced the action by filing a complaint. She pleaded three different counts. In the first count she pleaded cruelty prior to the year 1932. In the second count she pleaded desertion commencing in the month of October, 1932. In the third count she pleaded failure to provide during the period July, 1934, to July, 1936. The defendant appeared and filed an answer which contained denials of all of the wrongs charged against him. He also filed a cross-complaint in which he pleaded charges against the plaintiff. In the first count he charged cruelty committed prior to October, 1926. In the second count he pleaded desertion commencing with the month of October, 1932—the same month, it will be noted, that the plaintiff had charged desertion against him. The record does not disclose that the plaintiff filed an answer to the cross-complaint, nor if she did what the contents of said document were. The trial court made findings of fact in favor of the defendant on both counts pleaded in his cross-complaint.

The plaintiff and defendant intermarried…