Bullard

Appellant commenced this action, for separate maintenance without divorce, in the superior court of the city and county of San Francisco, where she resided. Defendant, a resident of Alameda County, filed a cross-complaint for divorce on the ground of extreme cruelty. The trial court denied plaintiff any relief and awarded the defendant an interlocutory decree of divorce on his cross-complaint, from which the plaintiff appeals.

Appellant urges, with much force and reason, that the acts of alleged cruelty relied on (consisting solely in the use of offensive language on five occasions) could not possibly, under the circumstances as disclosed by the evidence, have inflicted grievous mental suffering upon the respondent, and that, therefore, the finding of the trial court upon this issue is without support in the evidence. But, inasmuch as this judgment must be reversed on another ground which is determinative against any right of recovery upon the cross-complaint herein, it is unnecessary to here determine the question thus raised.

The defendant, to whom the decree of divorce was awarded upon his cross-complaint, was at no time a resident of the city and county of San Francisco, in…