Kirsch

Action for divorce; judgment for defendant, and plaintiff appeals from the judgment upon the judgment roll alone.

The ground of divorce set up in the complaint was extreme cruelty. Defendant filed an “answer and cross-complaint,” in which he denied the alleged acts of cruelty, and set up affirmatively extreme cruelty by plaintiff, and prayed for a divorce on the latter ground. Plaintiff answered the cross-complaint, denying its averments as to cruelty. The amended complaint was filed September 26, 1886. Afterward, on January 10, 1887, defendant, “ by consent of plaintiff, and by leave of court,” filed “amendment to answer and supplemental cross-complaint,” in which he averred that “ on divers days and times between the third day of September, 1886, and the first day of January, 1887, and particularly on the thirtieth day of November, 1886, the plaintiff herein committed adultery with” a certain person named, at a certain named place. The plaintiff made no objection whatever to this last-named pleading, but answered it, calling it' in her answer “defendant’s supplemental cross-complaint,” and denied the averments of adultery. Afterward plaintiff herself filed a supplemental…