Gane

Plaintiff brought an action for divorce against defendant, basing his grounds upon certain acts of cruelty which he alleged were committed by the defendant. Defendant appeared by answer and denied all the allegations of plaintiff’s complaint in which she was charged with the commission of acts of cruelty. She also, at the time of filing said answer, filed a cross-complaint for divorce and alleged as grounds of divorce acts of cruelty on the part of the plaintiff. A property settlement was thereafter agreed upon and was signed by both the plaintiff and defendant. Plaintiff withdrew his complaint and the case went to trial upon the allegations of defendant’s cross-complaint. Plaintiff did not appear at the trial. Defendant was present in person and by *146 counsel. She was sworn as a witness in the ease and testified to the facts set forth in her cross-complaint. A witness on behalf of defendant corroborated defendant in all the essential allegations of the cross-complaint. At the conclusion of the trial the court ordered judgment upon defendant’s cross-complaint, and in due time a decree was signed and filed by the judge hearing the action, awarding defendant an interlocutory…