Hager

The interlocutory judgment of divorce awarded a divorce to the plaintiff husband in his action against the defendant wife and ordered the cross-defendant husband to pay alimony to the cross-comp lain ant wife. The wife (Blanche) appealed, and while the husband (Dewey) resisted the appeal he did not institute a cross-appeal. In its opinion the District Court of Appeal (Hager v. Hager, 174 Cal.App.2d 546, 550 [ 345 P.2d 68 ]) declared that “Dewey makes the point in his brief that the court having awarded him a divorce on the ground of desertion was without jurisdiction to order him to pay support money to Blanche. He relies upon the well settled rule that where a husband has been granted a divorce the court may not compel him to support the wife unless it is by way of enforcement of a special agreement between them. The point is not available to Dewey. He did not appeal from the judgment. He says that Blanche appealed from the entire judgment and that he joins in her appeal insofar as it is adverse to him. Unfortunately for him, this convenient procedure does not take the place of a cross-appeal. He had an opportunity to appeal from the provision of the judgment requiring him to pay…