Johnston

Action for divorce. Appeal by defendant from the decree entered against him. In the complaint of plaintiff were set out two causes of action: one for the desertion of her by defendant, and the other for defendant’s failure to provide her with the necessaries of life. Defendant in his answer denied generally the allegations of plaintiff’s complaint and on this appeal contends that the evidence heard at the trial is insufficient to support the judgment of the court.

The parties were married in the year 1876 in the county of Los Angeles and lived together until about the year 1887, when plaintiff left defendant and remained away from him for a great many years, returning again to reside with her husband in 1905. During the interval of her absence she lived with another man as his wife. In September, 1905, defendant was,living at a mining settlement called Cactus Flats in California. After it had been arranged that his wife was to return and live with him, the couple went before a magistrate at San Bernardino and a second marriage ceremony was performed, after which they immediately left for Cqctus Flats and there took up their abode.' In July of the following year, the plaintiff…