Sherman

This is an appeal by defendant from a judgment in favor of plaintiff in a suit for a divorce. Two grounds for divorce were alleged in the complaint against defendant—one for the wilful desertion of plaintiff by defendant and the other for his wilful neglect of plaintiff.

It is contended by appellant that the trial court erred in admitting a judgment-roll in a former suit for maintenance between the same parties by which the original desertion by defendant of plaintiff was fixed as of date June 14, 1922; and in holding “that said judgment-roll was res adjudicata on the question of defendant’s alleged desertion.”

No argument is presented, nor are authorities cited by appellant to sustain his position in respect to such question raised by him; consequently it may be assumed that the point is abandoned. However, the maintenance action was between the same parties as were litigants in the instant case; was apparently before a court of competent jurisdiction and which court decided a matter or point which was directly in controversy in the divorce suit; and which facts, prima faoie at least, are sufficient to bring the matter within the rule as to the conelusiveness of the judgment in…