Bensen

This was a suit for divorce, plaintiff claiming it on the ground of cruelty and defendant, in his cross-complaint, asking for a decree of divorce on the ground of desertion.

The court found as follows: ‘ ‘ That the allegations and averments of plaintiff’s complaint have not been proved; that the allegations and averments of defendant’s cross-complaint have not been proved; that there are three children, issue of this marriage named, respectively, Alice, Berger, and Chester, and that it is for the best interests of said children that plaintiff have their custody. As a conclusion of law from the foregoing facts, the court finds that neither plaintiff nor defendant is entitled to a divorce herein; that plaintiff is entitled to the care and custody and control of said children and all of them; that said plaintiff is entitled to permanent alimony in the sum of twenty dollars per month beginning on the first day of July, 1911, for the care of said children; that said plaintiff is entitled to the sum of seventy-five dollars as and for counsel fees herein which shall be due and payable on the first day of July, 1911; that the community property or homestead shall remain as it is,’ it…