Sweet

The plaintiff commenced an action to obtain a decree of divorce from the defendant on the ground of desertion. The defendant did not appear, her default was entered, and the plaintiff thereafter introduced evidence and the trial court denied him a decree. From that judgment the plaintiff has appealed under section 953a of the Code of Civil Procedure.

The case was called for trial on November 22, 1922. The plaintiff took the stand and testified that he and the defendant had resided at Salinas for about two years when, on the first day of December, 1920, she left his bed and board; when she left it was against his will and without his consent; he did not know any particular reason why she left, only she did not want to live there; it is a fact that she showed a disposition, or rather her idea was she did not care particularly to live with him any more, she wanted to go home and live at San Jose where her folks were. Several of the foregoing statements were made in reply to leading questions and some were made as mere conclusions— the witness not stating any probative facts. After the plaintiff had left the stand Erwin Collins testified that he knew that the defendant resided at San…