Kimbro

This is an action for divorce. The plaintiff alleged extreme cruelty on the part of her husband. He denied the allegations of the complaint and filed a cross-complaint charging extreme cruelty on the part of the plaintiff. Judgment was entered denying either party a divorce and requiring the defendant to pay the plaintiff twenty dollars a month for her support. The defendant has appealed from the judgment.

The appellant contends that he should have been granted a divorce on the ground of extreme cruelty, specified in his cross-complaint as follows:

It appears that the plaintiff’s accusation was made during ■ one of the quarrels between them. The defendant was of the age of seventy-six years at the time of his alleged misconduct and the plaintiff was then fifty-four. It is not deemed necessary to follow the parties through their charges and countercharges, as shown by the evidence, but it is sufficient to say that it does not appear as a matter of law, contrary to the findings of the trial court, that the defendant is entitled to a divorce on the ground alleged in the cross-complaint.

The judgment is affirmed.

Plummer, J., and Thompson (R. L.), J., concurred.