Morris v. Morris

In an action for divorce the wife appeals from an interlocutory judgment of divorce granted the husband as plaintiff and cross-defendant. The husband amended his complaint to conform to the proof offered at the trial, and the interlocutory decree was granted upon the cause of action thus added by amendment, namely, that the wife had deserted the husband through persistent refusal to have reasonable matrimonial intercourse, when health or physical condition did not make such refusal reasonably necessary. (Sec. 96, Civil Code) The wife’s cross complaint was for separate maintenance based upon…