De Tolna v. De Tolna

COOPER, C.

This appeal is from a judgment awarding the plaintiff a divorce, and comes here on the judgment-roll alone. No question is raised as to the sufficiency of the evidence to justify the findings, nor as to the rulings of the court on the trial. It is argued by appellant that the finding as to plaintiff’s residence is outside of the issues made by the pleadings, and hence, erroneous. The complaint contains three counts, and in each count it is alleged, “That plaintiff is and for more than ten years last past has been a resident of the state of California, and of the city and county of…