Grant

This is an action for divorce in which the defendant cross-complained for separate maintenance. Judgment passed against plaintiff under his complaint and in *Page 25 favor of defendant under her cross-complaint. Plaintiff appeals. The appeal is prosecuted under what is known as the alternative method, but neither of the counsel for the respective parties has complied with the provision of section 953c of the Code of Civil Procedure to the effect that in the conduct of appeals pursuant to that method "the parties must . . . print in their briefs, or in a supplement appended thereto, such portions of the record as they desire to call to the attention of the court." Fugitive portions of the record, indeed, are printed in each of the briefs, but they present no intelligible basis upon which to consider the points upon which it is contended that the judgment should be reversed. There are references by page to the typewritten transcript of the evidence, but even these instances of avoidance of the provision of the code, when followed up, do not exhibit an adequate view of the litigation for the purposes of the appeal. As the cause is of grave importance to the parties and as the…

This cause is pending upon petition for rehearing. Before making formal disposition of the petition we deem it advisable to correct certain inaccuracies and misstatements and to meet arguments contained in it. It is said that appellant’s “offer of reconciliation did not come too late. In this we have attacked and now attack the finding paragraph four ...” The finding thus alluded to was the finding that appellant deserted respondent on December 26, 1909. No semblance of an attack has heretofore been made upon that finding and we correctly stated in our opinion that the finding was “neither quoted nor mentioned in the brief of either party.” The attack now made in the petition for rehearing comes too late, but we nevertheless shall pay some attention to it. Appellant says that the parties to the cause did not finally separate until December 26, 1911, and that there is no evidence to show a final separation, much, less-a desertion, on December 26,1909. This point is made after a quotation of a statement which, strangely enough, appears in respondent’s brief, and which was not overlooked by us in the preparation of our opinion. Respondent says in her brief that the parties “continued…

This is an action for divorce in which the defendant cross-complained for separate maintenance. Judgent passed against plaintiff under his complaint and in *25 favor of defendant under her cross-complaint. Plaintiff appeals.

The appeal is prosecuted under what is known as the alternative method, but neither of the counsel for the respective parties has complied with the provision of section 953c of the Code of Civil Procedure to the effect that in the conduct of appeals pursuant to that method “the parties must . . . print in their briefs, or in a supplement appended thereto, such portions of the record as they desire to call to the attention of the court. ’ ’ Fugitive portions of the record, indeed, are printed in each of the briefs, but they present no intelligible basis upon which to consider the points upon which it is contended that the judgment should be reversed. There are references by page to the typewritten transcript of the evidence, but even these instances of avoidance of the provision of the code, when followed up, do not exhibit an adequate view of the litigation for the purposes of the appeal. As the cause is of grave importance to the parties and as the…