Sallee

This is an action for divorce, and the appeal is from an interlocutory decree rendered in favor of the plaintiff.

The complaint contains four alleged causes of action, but they repeatedly cover the same ground, and, if at all, justify a decree in favor of the plaintiff upon but two theories. These are, extreme cruelty under section 94 of the Civil Code, or desertion under section 98 of the Civil Code.

The cruelty charged is purely mental in character, and consists of accusations made by the defendant to the plaintiff directly, and to a third person, charging him with improper attentions to other women. The complaint includes much redundant matter. The material incidents related are but two—the first occurring on the 25th and 26th of February, 1915, and the second on April 22, 1921; but in the last analysis the plaintiff’s right of action depends upon what took place on the first of these occasions. Concerning this, the complaint alleges that on the twenty-fifth day of .February, 1915, the defendant accused the plaintiff of “fooling around with other women,” that she persisted in this until the plaintiff finally “went to sleep .with his wife still talking about ‘other women. ’ ”…