Miller v. Miller

Plaintiff sued for separate maintenance, setting forth two causes of action, one based upon the defendant’s desertion and the other based upon the defendant’s cruelty. The defendant answered and filed a cross-complaint for divorce, charging the plaintiff with cruelty. The trial court found in favor of the plaintiff upon her first cause of action—desertion—and awarded her alimony in the sum of one thousand dollars a year and also awarded to her a one-half interest in the community property. At the same time the defendant was denied any relief upon his cross-complaint. He now appeals from the judgment and from the order denying his motion for a new trial, and the appeal is presented upon a record prepared under the provisions of section 953a of the Code of Civil Procedure:

The first point raised by the appellant is that the trial court erred in denying his motion for a new trial because the findings were incomplete and because the trial court failed to find on material issues. This is all that is said in regard to the point raised. The appellant has not pointed out in what respect the findings are incomplete or what material issues have not been covered by the findings made or…