Brown

The complaint in this action is based upon a charge of cruelty. The cross-complaint consists of two causes of action, the first being desertion, the second cruelty. The court found against the plaintiff and appellant as to all of her allegations of cruelty, and in favor of the defendant and respondent as to all of his allegations of cruelty, and in his favor on his charge of desertion against the plaintiff and appellant. The interlocutory decree of divorce was granted to the defendant and respondent specifically on the charge of desertion against the plaintiff and appellant.

The appeal is based entirely upon the ground of insufficiency of the evidence; first, on the ground that the evidence is insufficient to support the findings of the trial court as specified in paragraph 14 of the findings of fact, that on or about February 2, 1922, the plaintiff and appellant, without cause, wilfully deserted the defendant and respondent; and, secondly, that the evidence is insufficient to support the finding of the court, that the plaintiff and appellant is not a fit and proper person to have the custody of the minor children of plaintiff and defendant, as specified in appellant’s opening…