Anderson

Plaintiff and defendant were married on April 10, 1920, separated four days thereafter, and never again lived together. Plaintiff brought an action for divorce on the ground of extreme cruelty. Defendant specifically denied the averments of cruelty on her part, alleged willful desertion, willful neglect and extreme cruelty as recriminatory defenses, and willful neglect and willful desertion by way of cross-complaint for separate maintenance, without asking for a divorce. In both her answer and, cross-complaint the defendant alleged that plaintiff deserted her on April 10, 1920. There is no issue of the marriage and there are no property rights involved.

The trial court found specifically that all of the allegations of the complaint charging extreme cruelty against the defendant are true, and that all of the defenses and allegations of the answer and cross-complaint are false.

The trial court also found that the parties lived separate and apart by mutual consent from April 14, 1920, until July 7, 1921, when “a reconciliation and restoration were, in good faith, sought by defendant and refused by plaintiff,” and that “on or about-the 7th day of July, 1921, the said plaintiff…