Brenot

This is an action for divorce charging defendant with adultery. She denied the allegations of the complaint, and filed a cross-complaint, charging extreme cruelty. Upon hearing the evidence the court filed its findings of fact, wherein it found the charges of both parties to he true, and denied all relief, dismissing the action. Defendant appeals from the judgment and order denying a motion for a new trial.

The allegations of the complaint charging the acts of adultery are sufficiently made as against a general demurrer. There is also no question but that a court of equity is authorized to enter a judgment dismissing an action of divorce, where both parties are seeking a decree, and the evidence discloses them to be equally guilty of the misconduct alleged. It is claimed that the custody of the minor child was a material issue in the case, and should have been passed upon by the judgment of the court. The action was an action of divorce, and the question as to the proper custody of the child was an element of the case entirely incidental to the main relief sought, and dependent alone upon the divorce proceedings; and when a decree of divorce was denied either of the parties, the…