Knapp

Plaintiff was granted an interlocutory degree of divorce on the ground of cruelty and she was awarded certain community property. The appeal is from- that portion of the judgment “which attempts to and does set aside and award to the plaintiff herein the real property mentioned and described in said judgment; also that portion of said judgment which attempts to and does set aside and award to said plaintiff the household furniture mentioned and described in said judgment; also that portion of said judgment which sets aside and awards to plaintiff a one-third interest of, in and to the sum of $1,000 mentioned and described in said judgment,” and none of the evidence is brought up.

The points urged for reversal of the judgment are so destitute of merit as hardly to merit specific attention. However, they will be accorded brief consideration.

I. That the complaint states a cause of action for divorce on the ground of cruelty cannot admit of doubt. It is therein alleged: “That ever since the marriage of this plaintiff and said defendant and continuously during said period of time the defendant has wrongfully and willfully inflicted and he still does wrongfully and willfully inflict…