O'Connell

A petition for a writ of mandate to the Superior Court in and for the City and County of San Francisco, directing the entry of a final decree of divorce.

An interlocutory decree of divorce was by said court on June 2, 1924, granted to petitioner, he being the defendant and cross-complainant in an action for divorce brought by his wife, Anna M. O’Connell, who failed to appear at the trial. The decree was based upon findings of fact constituting extreme cruelty, and thereby certain real property described therein was adjudged to' be the separate property of petitioner. No appeal was taken therefrom, and thereafter, on July 10, 1925, petitioner upon due notice presented in the Superior Court his motion for the entry of a final decree of divorce in accordance with the interlocutory decree mentioned. The motion was opposed by cross-defendant, Anna M. 0 ’Connell, and, as recited in the order of the court made thereon, evidence was adduced at the hearing by both parties, on which the court found that the parties since the entry of the interlocutory decree had cohabited as husband and wife, and were at the time of the hearing living in the same dwelling; that at the time of the entry of…