Levingston

The plaintiff commenced an action against the defendant for separate maintenance. Therein she alleged cruelty on the part of the defendant. The defendant interposed an answer in which he denied the allegations of plaintiff’s complaint and he also set up a cross-complaint alleging in one count plaintiff’s desertion of bim and in another count the extreme cruelty of the plaintiff. The plaintiff answered the cross-complaint and the action was tried before the trial court sitting without a jury. The trial court made findings in favor of the defendant and frbm an interlocutory decree based thereon the plaintiff has appealed and has brought up a typewritten record.

The plaintiff makes one point—there was no sufficient evidence or corroboration of the charge of desertion upon which the decree was rendered. From the record it appears that the plaintiff and defendant intermarried at Denver, Colorado, February 20, 1901. They lived together until June 5, 1924. On that date they separated and since then they have lived separate and apart. The wife has lived continuously in New York City and the husband has lived continuously in the western states. At the time of the separation the defendant…