Keesey v. Keesey

LORIGAN, J.

This is an action for divorce in which the defendant appeals from an interlocutory decree in favor of plaintiff and from an order denying her motion for a new trial.

The complaint alleged extreme cruelty and desertion which was denied by defendant and the court found in favor of the plaintiff on the ground of desertion only.

Appellant contends that this finding is not supported by the evidence.

There was not much evidence introduced in the case aside from the testimony of the parties themselves. Plaintiff and defendant were married in 1896 in -Orange County in this state and lived together at various places—San.Luis Obispo County, Los Angeles and the state of Texas—up to the time of the alleged desertion. Plaintiff was a widower at the time of his marriage and in December, 1906, he and his wife were living temporarily at the residence of his married daughter, Mrs. Hill, in Los Angeles. During some part of that month a serious altercation arose at the residence of Mrs. Hill between the parties—husband, wife, and daughter—resulting in Mrs. Hill ordering the defendant from her house. Defendant at once left. As to her departure plaintiff testified that “she left and said she would never live with me again. She went to the New Hampshire Street place and lived there. She said we would never live together there and I said I had a place to stay.” Defendant at once took up her residence in a house on New Hampshire Street. Mrs. Hill, after defendant left her residence, moved all the articles belonging to defendant out of the house, placing them in a shed on her premises from which next day defendant had them removed to the house on New Hampshire Street. After the defendant left Mrs. Hill’s residence the plaintiff remained there a few days when his daughter returned to her home in Texas. Upon the departure.of his daughter plaintiff went to live with his wife at the New Hampshire Street house which contained four rooms and a kitchen. The plaintiff testified: “The defendant and I agreed

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to both live in the New Hampshire Street house and we did so. I lived on one side and she on the other side of the house; I got the stuff and she cooked it and we boarded together.” The defendant testified more in detail as to this arrangement and plaintiff did not question its accuracy. She said: “Mr. Keesey came there (to the New Hampshire Street house) and said he would come and live