Abbott

The plaintiff in this action sued for a divorce from the defendant upon the ground of cruelty. Incidentally the plaintiff prayed for the sum of fifty dollars per month as temporary alimony. The defendant defaulted. The lower court made its findings of fact in favor of the plaintiff, and among other things specifically found that “The sum of $50 per month permanent alimony -is a reasonable sum to be allowed plaintiff for her support and maintenance.” Thereupon the plaintiff was granted an interlocutory decree of divorce, which in addition to declaring that the plaintiff was entitled to be divorced from the defendant, ordered, adjudged and decreed that the defendant pay to the plaintiff “the sum of $50 per month permanent alimony” until the further order of the court.

The interlocutory decree was duly entered as of the date of its making. No appeal was taken therefrom, and upon the expiration of one year a final decree of divorce was made and entered, which failed to award to plaintiff an allowance for her maintenance, and made no reference to the “permanent alimony” previously allowed her in the interlocutory decree.

The defendant paid fifty dollars per month to the plaintiff as…