Mott

Plaintiff filed his complaint against the defendant for divorce, on the ground of extreme cruelty and desertion. In due time defendant answered, denying all the allegations of cruelty and of desertion, and at the same time filed a cross-complaint, full in all its forms, and containing allegations showing a good ground for affirma *414 tive relief against the plaintiff, and also showing that the plaintiff had come into the possession of a considerable sum of money, the separate property of defendant, which he had never repaid to her, and asking, by way of affirmative relief, that plaintiff be required.to pay her permanent alimony and support, and to provide funds for her counsel fees and costs of suit, but does not pray in direct terms for divorce, although she does ask for “such other and further relief as to the court may seem proper and just in this behalf.” In due time plaintiff answered to this cross-complaint, putting in issue all the allegations thereof as made against himself; and subsequently, by leave of the court, filed an amended complaint on his own behalf against the defendant. To this amended complaint the defendant demurred. When the demurrer came on for hearing,…