McCaleb
McCaleb v. McCaleb
Opinion
Lead Opinion
James, J.
In this action for divorce there are a complaint and cross-complaint and answers made to each. The case advanced to trial and evidence was introduced; whereupon the court made its findings of fact and judgment decreeing that neither party was entitled to a divorce.
Included in the decree was a provision giving to the wife alimony in the following terms: “That while the plaintiff and defendant continue to live separate and apart, that the defendant shall pay to the plaintiff the sum.of ten dollars per month from and after the entry of this decree. That the payment of said allowance may be secured by a valid lien on any of the community or separate property of the defendant as the plaintiff and defendant may agree upon, and in case they cannot agree upon such security and lien, then this court shall determine what property the defendant shall convey in trust to a trustee selected by this court, sufficient of said separate or community property as security for the payment of said allowance until the further order of this court. ’ ’ The plaintiff, following the entry of judgment, proceeded to give notice of her intention to move for a new. trial. Thereafter, on October 28, 1913, the…