Berry

This is an action for divorce. Plaintiff and defendant were married in Middlesex County, Massachusetts, October 18,1898. ' The plaintiff alleges in her complaint that for more than one year preceding the commencement of the action she has been and is now a resident of the county of San Bernardino in the state of California.

The complaint contains two counts. In the first it is charged that the defendant for more than a year immediately preceding the commencement of the action had willfully neglected and failed to provide plaintiff with the common necessaries of life, by reason of his profligacy, idleness, and dissipation.

In the second count it is charged that for more than a year immediately preceding the commencement of the action the defendant, had willfully neglected and failed to provide plaintiff the common necessaries of life, he having the ability so to do, and had compelled her during said period to live upon the charity of her relatives and friends. The defendant, a resident of Massachusetts, where the parties were married, employed attorneys to defend the action, through whom a verified answer to the complaint was filed. In his answer he denied that the plaintiff had…