Keesey

This is an action for divorce in which the defendant appeals from an interlocutory decree in favor of plaintiff and from an order denying her motion for a new trial.

The complaint alleged extreme cruelty and desertion which was denied by defendant and the court found in favor of the plaintiff on the ground of desertion only.

Appellant contends that this finding is not supported by the evidence.

There was not much evidence introduced in the case aside from the testimony of the parties themselves. Plaintiff and defendant were married in 1896 in -Orange County in this state and lived together at various places—San.Luis Obispo County, Los Angeles and the state of Texas—up to the time of the alleged desertion. Plaintiff was a widower at the time of his marriage and in December, 1906, he and his wife were living temporarily at the residence of his married daughter, Mrs. Hill, in Los Angeles. During some part of that month a serious altercation arose at the residence of Mrs. Hill between the parties—husband, wife, and daughter—resulting in Mrs. Hill ordering the defendant from her house. Defendant at once left. As to her departure plaintiff testified that “she left and said she would…