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—This is an action for divorce, a division of the community property, and for the custody of the children. The grounds upon which plaintiff relies are extreme cruelty and habitual intemperance. In the first count it is alleged that plaintiff and defendant intermarried at Oroville, Butte County, January 8, 1873, and that plaintiff has been a resident of the state of California for more than ten years prior to the commencement of the action. The plaintiff then proceeds to allege specific acts of cruelty by defendant, at their residence in Oroville, extending from May 8,1884, to December, 1890. For a second cause of action, the plaintiff alleges marriage as stated above, residence of plaintiff in the county of Butte, state of California, for more than ten years immediately prior to the commencement of the action, and that “ the defendant, for more than five years last past, *6 disregarding his duties as a husband toward the plaintiff, has been guilty of habitual intemperance.” The summons was served upon the defendant personally, in the county of Butte, but he made no appearance. The court found that all the facts stated in the complaint were true, and a decree was entered in favor…