Dee

This is an appeal 'by plaintiff Gertrude Dee from a judgment denying her an interlocutory decree of divorce from her husband Thomas R. Dee.

These parties intermarried in the city of Chicago on the eighth day of June, 1897, and separated in Denver, Colorado, on or about the fifteenth day of May, 1902, and there is no issue of said marriage and no community property.

Mrs. Gertrude Dee commenced this action for divorce in the superior court of the county of Santa Barbara on the eighth day of February, 1924.

Three separate and distinct causes of action for divorce are alleged in the complaint, to wit: Wilful desertion, wilful neglect and habitual intemperance.

Personal service could not be had upon the defendant Thomas R. Dee and he was served by publication, for the time, and in the manner, prescribed by law, and made no appearance whatever in the action.

Under plaintiff’s first cause of action the complaint alleges: “That or on about the 15th day of May, 1902, the said defendant Thomas R. Dee, willfully and without cause, deserted and abandoned plaintiff, and ever since has, and still continues, to willfully and without cause, desert and abandon said plaintiff, and to live…