Kellett

This is an appeal from an order denying appellant’s application for costs on appeal, attorney’s fees and alimony pendente lite. Plaintiff brought an action for divorce, and judgment therein was granted on the default of the defendant failing to answer. A property settlement between the parties was agreed upon, and this agreement was incorporated in and made a part of the interlocutory decree of divorce. Thereafter the plaintiff, who is the appellant herein, moved to set aside said interlocutory decree and property settlement under section 473 of the Code of Civil Procedure. This motion was denied, and on appeal the order of denial was affirmed. (Kellett v. Kellett, 110 Cal. App. 691 [ 294 Pac. 755 ].) After the affirmation of said order by the District Court of Appeal, the defendant in said action made application for a final decree, which application plaintiff opposed. Said application, together with plaintiff’s objection thereto, came on for hearing, and was decided adversely to plaintiff. Plaintiff made a motion for a new trial and while the same was pending applied to the court for costs and attorney’s fees for the prosecution of said motion and for support and maintenance.…