Hunsberger

The plaintiff commenced an action to obtain a divorce from the defendant. He pleaded desertion and wilful neglect. The defendant filed an answer denying both charges. A trial was had before the court sitting without a jury. The trial court made findings of fact in favor of the defendant and the plaintiff has appealed under section 953a of the Code of Civil Procedure.

The plaintiff contends that the trial court should have awarded him a decree on the ground of desertion and claims that the evidence was full and complete. We think he is mistaken, for the following reasons: In one place, answering a leading question of his attorney, he stated that his wife deserted him. Of course, that was but his legal conclusion. In another place he stated that on the twenty-ninth day of July, 1924, his wife left the family apartment. In that connection the defendant testified that at the time she left she was in a very nervous condition by reason of overwork and that she had been doing too much work. What with services rendered as a trained nurse, what with her duties as housekeeper, and what with the effort she was making in repainting some furniture which her mother had loaned to her, the…