Ritter

This appeal is from an interlocutory judgment of divorce, from certain orders there after made and from the final judgment. As to the last mentioned, it is evident that the same must be reversed, for the reason that it was made and entered prior to the disposition of the appeal from the interlocutory judgment contrary to the provision of section 132 of the Civil Code that “if any appeal is taken from the interlocutory judgment or motion for a new trial made, final judgment shall not be entered until such motion or appeal has been finally disposed of. . . . ” (Carp v. Superior Court, 76 Cal. App. 481 [ 245 Pac. 459 ]; Newell v. Superior Court, 27 Cal. App. 343 [ 149 Pac. 998 ].) The interlocutory judgment must also be reversed, for reasons which we shall now elucidate.

The plaintiff; set up three causes of action: wilful neglect, extreme cruelty and desertion. As to the first of these the court found against the plaintiff. The findings as to cruelty were as follows: “ [T]he court finds that the defendant, Clyde E. Bitter, has treated the plaintiff in an extremely cruel and inhuman manner and in particular as follows: That said defendant has refused to have sexual intercourse with…