Crackel

This is an appeal from an interlocutory decree of divorce granted the plaintiff from the defendant upon the ground of the defendant’s extreme cruelty.

In due time after service of summons the defendant appeared in the action and filed a demurrer, which was overruled, and having failed to answer within the time allowed by the court’s order, her default was regularly entered; whereupon the cause was placed upon the calendar, and after hearing the testimony of the plaintiff and of two corroborating witnesses, an interlocutory decree of divorce was regularly rendered and entered.

The defendant urges four grounds upon which she seeks a reversal of the judgment, all of which depend upon and require an examination of the evidence taken at the hearing of the case. This, however, being an appeal from the judgment in a default case, and therefore no issue of fact having been raised by the pleadings, the,defendant was not entitled to have the testimony incorporated in the transcript (Code Civ. Proc., secs. 650, 670, 953a; Spelling on New Trial and Appellate Practice, sec. 3); and the mere fact that the evi dence is inserted in the record here does not warrant the court in reviewing or…