Westphal

This is an appeal by defendant from an order, made in an action for divorce, allowing plaintiff wife alimony pendente lite for the support of herself and the minor child of the marriage of plaintiff and defendant. The order made was not ex parte, but after a full and complete hearing, after due notice given.

The main point of this appeal is the construction to be placed upon section 137 of the Civil Code. Preliminarily, we will sketch the more prominent phases of the record before us, though there seems to be no dispute as to the showing made. Plaintiff seeks a divorce on the ground of extreme cruelty. The complaint alleges sufficient facts, which, if found true, would fully warrant a divorce on the ground urged. At the hearing it was shown, and practically admitted here, that defendant is of substantial wealth; that his worth is in excess of $800,000, and that from his separate property he derives an income in excess of $2,000 per month. In addition to this, defendant receives as salary each month the sum of $860.

The plaintiff at the time of the hearing admitted the ownership, as her separate property, of certain oil stocks concededly marketable at a then value of $15,000, and…