Carlin

This is an appeal from an interlocutory decree of divorce and also from an order made after said decree had been made and entered.

The amended complaint states a cause of action for a divorce upon the ground of extreme cruelty. The defendant by her answer denied the allegations of cruelty and by a cross-complaint alleged facts sufficient to justify a divorce upon the same ground, but the only relief asked by her was permanent support and maintenance. The plaintiff and cross-defendant answered, denying the acts of cruelty set forth in the cross-complaint. Upon such issues the cause was tried and an interlocutory decree of divorce was entered in favor of the plaintiff, and the relief asked for in the cross-complaint was denied. The cause is before this court upon the judgment-roll alone.

The findings of fact, conclusions of law and judgment were filed March 15, 1928. On July 20, 1928, there was filed in the action an order signed by the trial judge striking from the findings and judgment portions thereof relating to the disposition of certain of the property of the parties. This order was made subsequent to the filing by the defendant and cross-complainant of a notice of appeal…