Hensley

Robert C. Hensley brought an action for divorce against Annie E: Hensley. She answered, denying the allegations of the complaint, and by cross-complaint she asked for a divorce from her husband on the grounds of desertion, cruelty, and nonsupport, and prayed for the re scission of a certain agreement by which the property matters had been settled out of court about a year before the complaint was filed. By stipulation the allegations of the cross-complaint were deemed denied.

At the close of defendant’s evidence on her cross-complaint, plaintiff moved for a nonsuit as to cross-complainant’s cause of action for cancellation of the agreement between the parties. This motion was granted. Upon the merits of the divorce case the defendant and cross-complainant prevailed. There was also an order requiring plaintiff to pay a certain sum, monthly, for the support of the minor child of the parties to the action. Defendant and cross-complainant appeals, however, from the judgment of nonsuit and from an order denying her motion for a new trial.

The plaintiff and defendant were married in 1907. In September, 1910, Hensley left his wife and went to Canada. He' had sold some property in…