Lemberger

This is an appeal from an interlocutory decree of divorce granted to defendant upon a cross-complaint. Plaintiff filed suit for a divorce upon the ground of willful neglect; defendant filed an answer and cross-complaint, denying the material allegations of the complaint, and asking for a divorce upon the ground of willful desertion.

Plaintiff failed to prove the allegations of her complaint and a nonsuit was granted. Appellant does not complain of this ruling, hut contends that the evidence is insufficient to warrant the findings and judgment of the court that plaintiff willfully deserted the defendant, and granting to him an interlocutory decree of divorce. The desertion found by the court was the “plaintiff’s refusal to have reasonable or any matrimonial intercourse with said defendant as husband and wife.and that health and physical condition did not make such refusal reasonably necessary.”

Appellant attacks this finding as being unsupported by the evidence, asserting that in order to justify such a finding it is necessary that the record contain corroboration of the testimony of a party to the action. The defendant testified to repeated refusals of his wife to have…