Bibb

Plaintiff sued defendant for a divorce on the ground of desertion alleged to have commenced February 9, 1913. Defendant answered, and in a cross-complaint containing two counts charged, in the first count, desertion, and in the second certain acts of alleged cruelty. The court adjudged defendant entitled to a divorce upon the ground of desertion as charged in the first count of his cross-complaint. Plaintiff moved for a new trial, which was denied. She appeals from that order and likewise from the interlocutory decree adjudging defendant entitled to the divorce.

In his cross-complaint respondent charges appellant’s desertion as follows: “On or about February, 1911, at the City of Los Angeles . . . plaintiff willfully and voluntarily separated herself from the cross-complainant herein, with the intent to desert said cross-complainant, and said plaintiff did at that time, in the City and County of Los Angeles, refuse to remove from the then home of plaintiff and cross-complainant at New Jersey Street, to the City of Hollywood, where this cross-complainant had provided a suitable home for said plaintiff, and said cross-complainant at said time informed the plaintiff that he had…