Marsh

Plaintiff sued for separate maintenance, charging cruelty. The defendant answered and filed a cross-complaint for divorce on the ground of cruelty. The plaintiff was denied relief on her complaint for maintenance and an interlocutory decree of divorce was entered on the cross-complaint by the terms of which the plaintiff was awarded the custody of the minor child of the parties, an equal share of the community property and thirty dollars a month for the support of herself and the child. Prom this decree the plaintiff has appealed under section 953a of the Code of Civil Procedure.

In her brief the appellant has made a brief statement of the facts of the case and has printed excerpts from the testimony of witnesses favorable to her to show that sufficient evidence was offered to warrant a judgment in her favor on her original complaint. The appellant then states as her points on appeal: (1) That the evidence was insufficient to justify a divorce on respondent’s cross-complaint; (2) that, in view of her “prima facie” ease for separate maintenance, the divorce to respondent was error, and (3) that because of section 122 of the Civil Code the only relief to which respondent was…