Morrow

This action was brought by the plaintiff for the purpose of securing a decree of divorce. The defendant filed a cross-complaint. Upon trial being had the court denied the prayers of both, except that, the judgment included an order awarding the custody oí the minor children, who were at the time of the ages of fourteen, nine, and four years, respectively, to the defendant. The eldest child was a girl; the two others were boys.

Upon this, the plaintiff's appeal, the contention is first made that the evidence does not sustain the findings. While the findings fall far short of being models of clarity and conciseness, this contention is completely answered by the statement, which is abundantly borne out by the record presented, that there was a sharp conflict in the evidence, from which it follows that the trial court’s decision must be taken as conclusive of the facts. The conflict was so absolute and decided as to leave no room whatsoever for the argument that the evidence opposed to that produced by the plaintiff was not of a substantial character.

The parties to the action were married at Seattle, Washington, in March, 1906. They afterward removed to Vancouver, B. C., where they…