Reynolds

This is an action for divorce. The plaintiff appeals from an. order of the trial court refusing to vacate and set aside the findings, interlocutory and final decrees of divorce. It appears from the record that the court, upon the trial, decided that neither party was entitled to a divorce, although both had asked for one on the ground of extreme cruelty. The findings negative all oí the allegations of cruelty made by the wife, who was plaintiff, but found affirmatively that the plaintiff had struck and threatened the defendant, had pulled his hair and had called him some abusive epithets, and had taken a revolver and threatened to shoot the defendant; that she had assaulted him with a pair of shears, had knocked his tooth loose by a blow of her fist, and had kicked him on Ms legs and in the abdomen.

The court further found: “That the said facts hereinbefore found do not amount to and are not sufficient to constitute extreme cruelty. ” As a conclusion of law upon these facts the court declared that neither party was entitled to a decree of divorce. These findings were made October 8, 1918, and filed October 9, 1918, and on October 8, 1918, the court signed a decree denying a…