Schmid

Plaintiff sued for a divorce on the grounds of willful neglect and extreme cruelty. Defendant filed a cross-complaint on the ground of desertion. The court found that defendant was not guilty of neglect or cruelty and that plaintiff was not guilty of desertion. It then denied a divorce to each party. Defendant appeals from that portion of the judgment denying him a divorce on his cross-complaint. The action was commenced on January 23, 1923. The cross-complaint was filed on March 7, 1923, and the alleged desertion occurred on March 5, 1922. The facts of the case so far as material are that the plaintiff and defendant were married in 1905 and have three children, a hoy aged fifteen, a girl aged eight and a girl aged six. The defendant has had no trade but has worked at odd jobs, earning usually less than one hundred dollars a month, from which he has endeavored to support his wife and children and pay for a small home which he and his wife were purchasing on the installment plan. His earning capacity was insufficient to support the family and on that account the wife left his home in Napa and went to Santa Rosa, taking the two girls with her. There she obtained employment through…