Bolson

This is an action for separate maintenance upon the grounds of desertion and wilful neglect. The court found in favor of plaintiff upon all issues, and this appeal is taken from the judgment enteréd in accordance with the findings.

The sole ground for appeal is that the evidence is insufficient to support the findings.

On October 15, 1919, respondent became mentally ill and was sent by the authorities of Los Angeles County to Rest Haven, a home for incompetents. Within the year following, she was committed to the State Hospital for the Insane at Patton. At the expiration of a month she was paroled from Patton and placed in custody of her mother and sister, where she remained until 1920. During that year she was again sent to Patton, where she remained until October 1, 1924, on which date she was again paroled in the custody of her mother and sister, where she remained and was living when this action was commenced in June, 1928. On May 28, 1928, she was granted a certificate of full recovery from her illness.

Attacking the findings upon the ground of desertion, appellant contends “that the separation was not caused by any action of appellant, but was caused by the mental illness…