Broder

This is an appeal from a decree for separate maintenance granted respondent, a resident of the state of New York, against appellant, a resident of this state.

Appellant had secured a decree of divorce from respondent in Nevada on June 30, 1928, upon substituted service. In the case now on appeal the trial court found that the Nevada decree wa,s invalid for the reason, among others, that appellant herein was not a bona fide resident of Nevada when he commenced the action in which that decree was obtained. The evidence amply sustains this finding. In this behalf it shows that on December 21, 1926, appellant secured an interlocutory decree of divorce from respondent in Los Angeles County, California, upon service by publication; and that this interlocutory decree was set aside on motion of respondent on July 12, 1927, upon the ground that the order for publication of summons had been procured by fraud. At that time appellant was allowed ten days to file an amended complaint, but instead dismissed the action. Thereafter he went to Nevada, about the end of October, 1927, started the divorce proceedings there on February 8, 1928, secured an order for publication of summons on the same…