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The defendant appeals from an order denying her motion for alimony pendente lite, counsel fees and costs in an action for divorce.

The parties had been married approximately eight years, and there were two children aged, respectively, six years and eighteen months. The action was instituted in Los Angeles County in September, 1930, a few days after defendant and the children had departed for Emporia, Kansas, to visit defendant’s mother. The complaint was based on charges of cruelty. Besides answering, defendant filed a cross-complaint charging cruelty, and she filed therewith her motion for alimony, counsel fees and costs. She was not present at the hearing and determination of her motion, having remained in Kansas at her mother’s home, and the evidence submitted in her behalf consisted of the verified pleadings and two affidavits, one being presented in the form of a questionnaire, the form used evidently being supplied under court order for such purpose. Plaintiff sought to have the questionnaire excluded on the technical ground that it was not authenticated in the manner required by law. The objections were properly overruled and the hearing narrowed down to the issue of the…