Rutledge

Plaintiff had judgment in an action for divorce on the ground of desertion, and the defendant appeals.

It appears from the transcript that prior to the first day of September, 1923, the plaintiff had been occupying a certain residence constituting the community property - belonging to the plaintiff and the defendant; that the defendant for some period of time had been occupying a garage situate on the same lot as the residence occupied by the plaintiff. It also appears that up until said date some litigation had been pending between the plaintiff and -the defendant, and that the defendant had been enjoined from entering upon the residence occupied by the plaintiff. On the first day of September, 1923, the complaint alleges, the testimony in the transcript shows and the court found that the defendant went to the house occupied by the plaintiff, tore open the screen door, broke the fastening hook thereon, entered the building and room occupied by the plaintiff and removed from the front bedroom the furniture which the plaintiff was then and had theretofore been using in connection with her occupancy of the house referred to. That at the same time the defendant disconnected the gas…