Brown

This is an action for divorce. It will be necessary to recite certain facts in order to make plain the points to be considered.

The plaintiff filed the first complaint in Washoe County, state of Nevada, on the eighteenth day of November, 1927, charging wilful desertion. The complaint alleged a residence of plaintiff of three months in Washoe County immediately next before the filing of the complaint, which is one of the jurisdictional facts necessary to be alleged. Defendant filed her pleadings. The case came on for trial, and the Nevada court made findings, which findings were filed on the nineteenth day of April, 1928. A decree denying the divorce and relief of both parties was signed and recorded on May 2, 1928.

Thereafter, to wit, on the twenty-eighth day of November, 1928, the same plaintiff filed an action for divorce against the said defendant on the ground of desertion, in the county of Los Angeles, state of California, and thereafter, to wit, on the twenty-first day of January, 1930, the Superior Court of the County of Los Angeles signed and entered an interlocutory decree of divorce against defendant and appellant herein, in favor of the plaintiff.

The allegations of…