Anderson

In his complaint the plaintiff alleges as his cause of action the extreme cruelty of the defendant, setting forth divers acts thereof, all of which were denied by the defendant in' her answer, and in addition thereto she filed a cross-complaint charging the plaintiff with extreme cruelty, for which she asks a decree of divorce in her favor. Upon the trial the court found that “all of the allegations and averments in the complaint as to defendant’s cruelty are true, and all the denials, allegations and averments in the answer and cross-complaint having reference to plaintiff’s cruelty toward defendant are untrue,” and directed an interlocutory decree of divorce to be entered in favor of the plaintiff and against the defendant. The defendant moved for a new trial upon the grounds of irregularity in the proceedings of the court, by which she was prevented from having' a fair trial, and that the evidence was insufficient to justify the decision of the court. This motion was presented and heard upon a statement of the case and affidavits of the defendant and her daughter properly authenticated in a bill of exceptions. The motion for a new trial was denied, and from this order and from…