Branham

This is an appeal from an interlocutory decree of divorce granted on the ground of the defendant’s desertion.

Plaintiff commenced the action for a divorce on two grounds, desertion and cruelty. Defendant filed a cross-complaint charging cruelty on the part of plaintiff and praying for a denial of the divorce and for separate maintenance. The trial court found in accordance with the allegations of the first cause of action set forth in plaintiff’s complaint that the defendant “without cause and against the wish of plaintiff willfully deserted and abandoned plaintiff,” and that the plaintiff was justified in going to Sacramento during the month of March, 1919, in the pursuit of necessary employment and a livelihood for himself and defendant, and that defendant’s refusal to accompany plaintiff to Sacramento or to join him there was without just cause. No finding was made covering the second cause of action of plaintiff’s complaint which alleged cruelty on the part of defendant. As to the cross-complaint of defendant the trial court found that all the allegations were untrue. As conclusions of law it was found that it was impractical to make a division of the community property of…