Goldsmith

Respondent brought this action to secure from appellant a decree of divorce on the ground of adultery. A cross-complaint was filed in which appellant set up causes of action for extreme cruelty, desertion, and failure to provide. The trial judge granted to plaintiff the decree and defendant appealed from an order made denying her motion for a new trial.

It is urged that the evidence is insufficient to justify the decision of the court, and with this contention we must agree. In the complaint four specific acts of adultery were charged "as having been committed by appellant with one Ben Gordon, (or Van Gordon) in the year 1910. The court made a general finding that in the -year mentioned appellant had been guilty of the act charged against her. Respondent, the husband, testified that he knew nothing of the alleged adulterous acts having been committed of his own knowledge. He testified that the man Ben Gordon had called upon him and handed him a number of letters which the witness said were in the handwriting of the appellant. These letters were introduced in evidence and constituted practically the entire evidence which tended to show that appellant was guilty of the acts of…