Murray

Plaintiff having been deserted by her husband, the defendant Owen Murray, she instituted this action against him for maintenance, without divorce, and to set aside certain transfers of property made by him to his brother, the defendant James Murray, which obstruct the enforcement of her right. Both defendants being absent from the state— said James residing .in Canada—summons was served on them by publication and mailing as prescribed by statute. They failed *270 to appear, and plaintiff obtained judgment, from which defendants appeal. In the printed transcript appears a paper entitled “ Findings,” and it is recited in the judgment that the court, after hearing the evidence, “made and filed its findings of fact and conclusions of law herein”; but as there was no necessity for findings, and as in such a case findings, if made, do not constitute part of the judgment-roll (Code Civ. Proc., sec. 670)} we can look for the facts of the controversy only to the complaint and judgment; such allegations of the complaint, however, as are necessary to support the judgment are deemed to have had confirmation in the evidence.

It appears from the complaint that plaintiff and defendant Owen,…