Smith v. Smith

Good Law
1928 Cal. App. LEXIS 518·94 Cal. App. 35·270 P. 463
Court of Appeal of CaliforniaSeptember 18, 1928Docket No. 3469.California4,035 words

Opinion

Lead Opinion

Plummer, J.

On the twenty-fifth day of June, 1926, an interlocutory decree of divorce was entered in the above-entitled action, which decree is in the words and figures following to wit:

On the twentieth day of June, 1927, pursuant to a notice thereof given on or about the sixth day of June, 1927, the plaintiff moved the court to amend the order or decree for alimony and to provide that until the further order of the court the defendant should pay to the plaintiff the sum of $250 per month as alimony for her maintenance and support and also for a like sum for counsel fees. A hearing was had upon this motion, which was supported by affidavits and oral testimony, taken under advisement by the court, and thereafter an order was made changing the order or decree of the court as to the alimony to be awarded to the plaintiff and ordering that until further change the defendant should pay to the plaintiff the sum of $175 per month, and also further specifying that the plaintiff “be allowed the further sum of $200.00 as and for attorney’s fees in this proceeding, and her costs incurred herein.” The motion for the change in the allowance of alimony was made, and as appears from the recital contained…

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