Stacy-Judd

The plaintiff and the defendant are husband and wife. This is a suit by the plaintiff for a divorce from the defendant on the ground of wilful desertion. The complaint, which was filed on the tenth day of September, 1924, after alleging the fact of the intermarriage of the parties in January, 1917, and the fact of the plaintiff’s residence in the state of California and of the county of Los Angeles for more than one year prior to the commencement of this action, proceeds:

The complaint further states that “there is no issue of the said plaintiff and said defendant,” nor (it is likewise further stated) are there “any community or other property rights between the said plaintiff and the said defendant.”

A general demurrer to the complaint was overruled, and the defendant thereupon answered, denying the essential allegations of the complaint and then declaring:

The statement in the complaint that there is no issue of said marriage and the further statement that there are no community or other property rights of the parties are not denied, and the truth of those allegations of the complaint, therefore, stand admitted by the pleadings. And there is no evidence in the record of…