Henley

Plaintiff filed an action for divorce upon the ground of defendant’s extreme cruelty. The complaint alleged that the parties owned no community property and that plaintiff had “not sufficient money or means of her own with which to maintain and support herself . . .; that defendant is well able to maintain and support plaintiff, and is well able to pay plaintiff the sum of $50.00 per month for her support and maintenance. ’ ’ The defendant in propria persona answered by general denial and stipulated that findings of fact and conclusions of law, as well as notice of time and place of trial, were waived. The defendant did not appear at the trial and the hearing was in effect a default proceeding. At the trial plaintiff introduced a letter addressed to defendant, c/o Arnold J. Isbell, DD 869, c/o Fleet Post Office, San Francisco, California. This letter was in the nature of a proposed property settlement agreement in which the plaintiff and defendant agreed to each assume certain of the community debts, there being no community property to divide. The letter provides in part, ‘ ‘ She is willing to assume all the rest of the obligations, provided that you continue the allotment until…