Opinion
May, 1916.
Judgment and order reversed, and complaint dismissed, without costs, upon the ground that there is no satisfactory evidence that the treatment of the defendant has been cruel and inhuman; that there has been any conduct on the part of defendant that would render it unsafe and improper for the plaintiff to live and cohabit with him; that he has neglected and refused to provide for her, or that he abandoned her; his absence in California was not an abandonment within the meaning of section 1762 of the Code of Civil Procedure. Jenks, P.J., Carr and Rich, JJ., concurred; Thomas and Mills, JJ., dissented.