Beverly

In this proceeding an alternative writ of mandate was issued requiring respondent judge of the superior court to fix the amount of a stay bond on appeal, or show cause why he should not be required so to do.

From the petition and the return to the writ we understand that in a certain action wherein petitioner Johanna Beverly is plaintiff and Chester Beverly is defendant, the superior court on the tenth day of May, 1923, determined ■that the defendant as cross-complainant is entitled to a divorce by reason of extreme cruelty on the part of the wife as charged in the cross-complaint. The interlocutory decree entered at that time, in addition to establishing cross-complainant’s right to a divorce, awarded to Mrs. Beverly the custody of their minor child, provision being made for a monthly allowance to be paid by Mr. Beverly to Mrs. Beverly for the support of said minor child. The parties owned certain community property, concerning which the decree ordered “that the comparatively small equity in the property which both sides agree is community property, will be, and is assigned to the defendant, with the exception of the property consisting of the lot with three houses located at…