Kusel

This is an appeal by the plaintiff in an action for divorce from a judgment in favor of the defendant. The evidence is made part of the record by a bill of exceptions.

The cause of divorce alleged in the complaint is desertion. The charge is, that the defendant on December 8, 1896, without cause, deserted and abandoned plaintiff, without his consent, and with the intention to desert and abandon him, and ever since has and still continues, willfully and without cause, to desert plaintiff and live separate and apart from him against his will. The answer denies each of these allegations, and for an affirmative defense alleges that on the 29th of May, 1899, in good faith, she went to the plaintiff's residence and offered to return to and live with the plaintiff, and requested that plaintiff receive her into his home as his wife and live with her as his wife, and that the plaintiff refused to receive her, and still refuses to live with her or give her any support, and has deserted her.

We think the judgment must be reversed by reason of the failure to find upon the issues thus presented. There is no finding at all upon the allegations of the complaint with respect to the desertion.…