Zartarian v. Zartarian

THOMAS, J.

In this action plaintiff sought a divorce from the defendant on two grounds—cruelty and desertion.

[91]

Defendant by her answer denied the material allegations of the complaint.

Defendant also served and filed a cross-complaint, in which it is alleged, among other things, that for a long time after the marriage of the parties hereto they lived together in Boston, Massachusetts, during which time plaintiff carried on and maintained a prosperous shoe-repairing business in that city; that during such time plaintiff upon several occasions ran away and left defendant, and that he finally sold the business for one thousand five hundred dollars, and, taking such sum, together with some three thousand dollars which he had in the bank at that time, left “and came to California, city of Los Angeles,” at which place he bought out a grocery business. That some time after plaintiff’s departure from Boston, defendant, learning his whereabouts, “followed the plaintiff to the city of Los Angeles about November 15, 1915, and there effected a reconciliation, and lived with said plaintiff

up to the very day of February 12, 1916,

in the city of Los Angeles”; that plaintiff and defendant carried on said grocery business together, but finally determined that it was not paying, whereupon they decided to sell out, at which time it was understood that both of them would return to Boston; that at plaintiff’s persuasion defendant preceded plaintiff to Boston, leaving Los Angeles on February 12, 1916, in accordance with the understanding arrived at, fully believing that she would be followed by her husband as soon as he sold out the business; that the business was in fact subsequently sold by plaintiff, and that plaintiff did not go to Boston as agreed, but remained in Los Angeles, there opening up a shoe-repairing business. That defendant took sick while in Boston after so returning to that city from Los Angeles, and that she, “being without means, was unable to return to Los Angeles, and was compelled to remain in Boston”; that later money was furnished her by friends, and, so aided, she returned to Los Angeles in December, 1916, but that “on November 11, 1916, while the defendant was in the city of Boston, waiting for plaintiff to come on, the plaintiff herein filed a suit for divorce in the city of Los Angeles, against the defendant herein, on the grounds of desertion.” Then follows a recitation of facts showing that plaintiff’s net earnings from his shoe-repairing business were “about fifty dollars per week,” and