Strupelle

This is an appeal by the defendant from an interlocutory decree of divorce in an action wherein the wife seeks a divorce from the husband on the ground of desertion.

Defendant, according to the court’s findings, on August 4, 1911, with intent to desert and abandon plaintiff, voluntarily and willfully separated from her and ever since has voluntarily and willfully lived separate and apart, with intent to desert his wife. The action was commenced April 9, 1920. One of the defenses interposed was that there was an unreasonable lapse of time before the commencement of the action. The court found against defendant on this defense. For the purpose of overcoming any presumption of unreasonable delay, plaintiff put in evidence the record of a prior action for divorce which she had commenced against defendant on May 12, 1914, in the same court. In that action defendant, who was constructively served with summons 'by publication, made no appearance. His default having been regularly entered, the action came on for hearing on January 11, 19Í5, before a judge of the superior court for another county, sitting for the judge of the superior court for Santa Barbara County. After plaintiff had…