Mills

We see no escape from reversing the interlocutory judgment entered by default in this divorce action, and doing so on a ground not touched upon by the appealing party. We gather our facts not only from the record on appeal, but those facts are augmented by some taken from the original court file.

The defendant wife was personally served with summons and complaint in Placer County, on April 16, 1963. The complaint contained this paragraph: “Since the marriage of the parties hereto, Defendant has treated Plaintiff with extreme cruelty and has wrongfully inflicted upon Plaintiff grievous mental and physical suffering. Bach and every act and the conduct of Defendant have wrongfully caused Plaintiff grievous physical and mental suffering, creating a situation with [sic] Plaintiff can no longer endure and destroying the legitimate ends of matrimony.

We find of interest section 426b Code of Civil Procedure. Its pertinent provisions are: “In an action for a divorce . . . it is not necessary to plead specific acts constituting cruelty in order to plead a cause of action, unless the adverse party serves and files a demand therefor within the time allowed to answer. If such demand is made,…