Jacobs

Plaintiff commenced this action for divorce and for the custody of the minor child of the parties. The complaint alleged cruelty on the part of the husband. Defendant filed a cross-complaint alleging cruelty and desertion. An answer was filed to this cross-complaint denying all the allegations of cruelty and also denying desertion on the part of the wife and alleging that the separation, if constituting desertion, was caused by the cruelty of the husband. Trial was had upon these issues and the court found adversely to all the allegations of the complaint regarding the cruelty of the defendant; that all the allegations of the cross-complaint were untrue, and particularly that the plaintiff had not deserted the defendant and that she had not lived “separate and apart from defendant with intention to desert defendant. ’ ’ The court also found that the plaintiff was a proper person to have the custody of the minor child, a girl of about six years of age, and that the sum of $100 per month was necessary for the support of plaintiff and said minor child. The decree based upon these findings denied a divorce to either party, granted to the plaintiff the custody of said minor child and…