Truax v. Truax

SHAW, J. pro tem.

Defendant appeals from an interlocutory judgment of divorce in plaintiff’s favor. In his amended complaint plaintiff set up two grounds for divorce: first, desertion, and second, extreme cruelty. Defendant answered and filed a cross-complaint which plaintiff answered. There were no findings, nor was there any recital in the decree of the facts found to be true. We pass this point, as appellant does, to consider th.e sufficiency of plaintiff’s evidence to justify a divorce. At the trial no evidence at all in support of the allegations of desertion was produced, so the judgment…