Thomson

Action for divorce begun April 1, 1895. Plaintiff alleged in his complaint, among other things, “That prior to the first day of February, 1894, the defendant .... willfully and without cause deserted and abandoned the plaintiff, and ever since and still continues so to willfully and without cause desert and abandon said plaintiff, and to live separate and apart from him, without any reason, and against his will and without his •consent.” The defendant did not answer the complaint, or otherwise appear in the action.

In the judgment it was recited that the cause was' heard upon the complaint, “and upon the proofs herein taken, from which it appears that all the material allegations of the complaint are sustained by testimony free from all legal exceptions as to its competency, admissibility, and sufficiency”; whereupon the court denied a divorce, “on the ground that said action is barred by reason of the provisions of subdivision 3 of section 124 of the Civil Code of California.”

The paper entitled “Findings of fact and conclusions of law,” printed in the transcript, on which appellant lays much stress in argument, cannot be considered; as there was no answer, findings were…