Baucom

In this case the plaintiff prayed for a ’ divorce from the defendant upon the single ground of extreme cruelty. The defendant denied in her answer the acts of cruelty charged against her in the plaintiff’s complaint, and in addition, interposed a cross-complaint, alleging habitual intemperance and extreme cruelty on the part of the plaintiff, and prayed that a divorce be granted to her upon those grounds. All of the material allegations of the de fendant’s cross-complaint were denied in an answer thereto by the plaintiff. Upon the issues thus raised the court below found against the plaintiff upon the allegations of his complaint, and found for the defendant in susbtantial accord with the allegations of her cross-complaint. Judgment was accordingly entered, granting the defendant an interlocutory decree of divorce, from which, and from an order denying a new trial, plaintiff has appealed.

In support of the appeal plaintiff relies solely upon .the contention that the findings of fact made against him upon the issues raised by his complaint and the defendant’s answer, are contrary to the evidence; and that the findings of fact made in favor of the defendant upon the issues raised…