Schlecht

Appellant and respondent are husband and wife. In an action by respondent for separate maintenance appellant filed a cross-complaint for divorce on the. ground of extreme cruelty. To appellant’s first amended cross-complaint the court sustained a general demurrer with out leave to amend, and from a judgment of dismissal following such order appellant has prosecuted this appeal.

The alleged acts of cruelty were separately set out in eight paragraphs. Paragraphs numbered 1, 2, 3, 5 and 6 all have to do with the failure of the respondent wife to join with appellant in signing certain legal documents. They may be considered conveniently together. Typical of these incidents is that alleged in paragraph 1. It is alleged in this paragraph that in 1895, approximately three years after the date of their marriage, appellant was hard pressed for money and sought to borrow $800 from a relative. The relative insisted upon the respondent wife joining with appellant in signing this note. Respondent “refused to sign the said note .and would give no reason for not signing said note, and refused to discuss the matter” with appellant. This refusal continued for about two weeks and caused discussion…