Pugliese

The plaintiff herein instituted an action for divorce against the defendant, charging cruelty and praying for a decree of divorce, for the custody of the three minor children of the marriage, for the assignment to the plaintiff of her equitable share of the community property, and for the payment of reasonable alimony, counsel fee, and costs. The complaint is sufficient in form and substance to justify the relief prayed for therein. A demurrer to the complaint upon both general and special grounds was presented on behalf of the defendant, which in due course was overruled; whereupon an answer was filed denying, in the main, the allegations of plaintiff’s complaint which charged the defendant with cruelty. Thereafter the plaintiff presented and filed a document which she designated “Amended Complaint” and which, after repeating the averments of her original complaint, proceeded to set forth certain additional acts of cruelty on the part of the defendant occurring after the commencement of the action and which would have been the proper subject of a supplemental complaint. To this so-called amended complaint the defendant presented a demurrer, which the trial court apparently…