McMullin

Plaintiff is the wife of defendant. She prosecutes this action against him under section 137 of the Civil Code, for maintenance without divorce. The parties were married to each other on February 15, 1871, and defendant deserted the plaintiff November 15, 1877; this action was begun January 4, 1894. The court found that defendant’s desertion of plaintiff was willful, and that it continued until April 10, 1895— a time above fifteen months after the commencement of the action—but that on said April 10th defendant offered to provide a home for plaintiff "at any reasonable place of her own choosing and to return and live with her as husband and wife, and also requested plaintiff to return and fulfill the marriage contract. Said offer was made by defendant in good faith”; and that plaintiff rejected it. The court allowed plaintiff certain sums for temporary alimony and expenses of the action, but rendered judgment denying her demand for permanent support.

Willful desertion must continue for one year before it is a ground for divorce (Civ. Code, sec. 107); and it is provided in section 102 preceding, that if, prior to the expiration of such time, the party deserting "returns and offers…