Aston

Plaintiff brought this action to obtain a decree of divorce from his wife, Honora Aston. Defendant, however, obtained a decree of divorce from plaintiff upon the grounds of desertion and adultery, pleaded in her amended and supplemental cross-complaint. By the decree defendant was awarded all the community property.

Plaintiff moved for a new trial, and from the order denying his motion he appealed to this court. There is no appeal from the judgment.

Appellant urges that the court erred in overruling his demurrer to the amended and supplemental cross-complaint. But the action of the court in overruling a demurrer is not open to review upon an appeal from an order denying a motion for a new trial. (Moore v. Douglas, 132 Cal. 400 , [ 64 Pac. 905 ]; Morse v. Wilson, 138 Cal. 559 , [ 71 Pac. 801 ].)

Appellant also urges that the court erred in awarding all the community property to respondent. This is also an attack upon the judgment that may only be raised by an appeal from the judgment. But the divorce in this case was granted both for desertion and adultery committed by appellant. By reason of the divorce being granted for adultery, the court had the power in its discretion to…