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This is a suit for divorce by the wife on the

ground of extreme cruelty. The answer, by way of recrimination, alleges extreme cruelty on the part of the wife, and also desertion, as defined in section 96 of the Civil Code. The court finds all the allegations of the complaint to be true, and that none of the allegations of the answer are true, "except as to” (the defense of desertion); as to which it is found, in effect, that for more than one year immediately preceding the suit the plaintiff refused to have matrimonial intercourse with the defendant, and that the refusal was not on account of health or physical condition of either party, nor was it reasonably necessary on such account; and as conclusion of law the court finds “that the plaintiff has been guilty of willful desertion of the defendant.” Judgment was accordingly entered denying the plaintiff a divorce, and the plaintiff appeals from the judgment.

One of the grounds urged for reversal is the insufficiency of the evidence to justify the finding of “willful desertion”; but we do not perceive there is any such finding. The supposed finding is merely a legal conclusion from the specific facts found, as to which there is…