Barrow
Barrow v. Barrow
Opinion
Lead Opinion
Thomas, J.
This is an appeal from an order made by the lower court after a judgment, made and entered herein April 1, 1916, had been so made and entered, excluding the wife—appellant here—against whom the court entered such judgment, from the dwelling-house of the husband, respondent here, which was decreed by the court in that action to be the separate property of this respondent.
The order appealed from is as follows:
From the said judgment so entered an appeal was taken, which appeal has this day been decided contrary to the contentions of appellant there, who is likewise appellant here. (See Barrow v. Barrow, post, p. 50, 183 Pac. 364 .) The decision in that ease, we think, disposes of the present appeal.
The plaintiff, appellant here, contends that the lower court erred in making the order appealed from, and for reversal thereof urges: (1) “That the lower court, by its final judgment and decree denying a divorce and the entry thereof, lost jurisdiction of the action and had no authority to make the order from which this appeal is taken.” (2) “That the order in question was made by the lower court without authority to make the same, by reason of the express prohibition of the statute…