Wakefield

An appeal is taken by plaintiff from an interlocutory judgment of divorce entered in favor of defendant. Plaintiff instituted this action for the purpose of obtaining the custody of one Franklin Webster Wakefield, Jr., and also prayed for an order giving him the right to visit Joseph Sefton Wakefield. Plaintiff and defendant were husband and wife; the two persons above named were minor children of plaintiff and defendant, and at the time this action was instituted were in the custody of the wife, who was then living separate and apart from her husband. An answer was filed to plaintiff’s complaint denying the allegations thereof and, by way of cross-complaint for divorce, the defendant charged the plaintiff with having committed adultery. Plaintiff answered the cross-complaint of defendant, and on June 19, 1909, an amended cross-complaint was filed wherein the defendant set up a different cause of action for divorce, charging the plaintiff with having failed to provide for her the common necessaries of life for more than one year prior to the filing of said cross-complaint. This amended cross-complaint was served upon the attorney for plaintiff on the tenth day of June, 1909. No…