Schnerr

As the result of contempt proceedings instituted by plaintiff some four years after the entry of the final decree of divorce in the above action, the trial court made an order relating to the payment of alimony; and defendant has appealed from said order.

The divorce action was instituted in October, 1924, upon the ground of extreme cruelty. There were no - children, and no claim was made in the complaint either by allegation or prayer for alimony, temporary or permanent. With respect to property rights it was alleged “that the property rights of plaintiff and defendant have heretofore been settled by written agreement, and there is now no community property of said marriage of plaintiff and defendant”. The relief sought was a divorce, that plaintiff be permitted to resume her maiden name and general relief. The answer consisted of a general denial. An interlocutory decree was granted November 5, 1924, and on November 6, 1925, the final decree was entered. Both decrees were silent upon the subject of alimony,' but with reference to property rights each contained the following provision: “It is further ordered, adjudged and decreed, and this court does hereby order, adjudge and…