Helpling

This is an appeal by the plaintiff from a judgment in the defendant’s favor in an action for divorce, dismissing said action, the defendant’s special plea of res adjudicata being sustained by the trial court.

The facts of the case are undisputed and are briefly these: The parties to this action intermarried on April 26, 1898. On September 26, 1917, the plaintiff’s wife, who is the defendant in the present action, commenced an action in the superior court of the state of California, in and for the county of Los Angeles, against her husband for separate maintenance, and in her complaint therein set forth several alleged causes of action for divorce, accusing the defendant therein of failure to provide, of extreme cruelty, and of adultery. The defendant in that action appeared, and answered, specifically denying each and all of the averments of said complaint, and in addition thereto alleging by way of further and separate defense certain asserted delinquencies on the part of the plaintiff as tending to show cruelty on her part, and as tending to justify whatever acts the said defendant was alleged to have committed in the way of nonsupport. That cause went to trial upon the issues…