Newman

The plaintiff was awarded an interlocutory decree of divorce from the defendant and she has appealed and has brought up a typewritten record. The transcript discloses that the plaintiff and defendant married on the nineteenth day of August, 1927. Prior to that date the defendant had been married and had four children. She and her children were residing at 1366 Noe Street in San Francisco. After his marriage the plaintiff took up his residence in the home of his wife. Some trouble arose regarding the inability of the husband to get along with his stepchildren. For that reason, on January 23, 1928, he left the home. He remained away until the date of the defendant’s birthday in the month of February—one month more or less. On that date he returned to congratulate his wife on her birthday and to present her with a gift of fifty dollars. It was about lunch time and they had their luncheon. During that same year he returned on two or three other occasions— the last one being in August. The plaintiff testified that when he called in February he asked his wife if they “couldn’t patch things up and go back together”. He further testified that in that conversation he and his wife talked…