Newell

This was an action for divorce. In addition to the grounds therefor, plaintiff alleged that she and defendant had entered into a contract in writing whereby they had settled and adjusted all their property rights, making a division of all community property belonging to them, and whereby, among other things, defendant agreed to pay plaintiff as alimony the sum of $75 per month during her life, or until she should remarry. The prayer of the complaint was “that the bonds of matrimony heretofore and now existing between herself and defendant be dissolved, and that defendant be required to pay to the plaintiff the sum of $75 on the first day of each and every month during her life, or until she shall remarry.” To this complaint defendant made default, and upon the trial of the case the court found “that a divorce ought to be granted as prayed for in said complaint and that the defendant pay $75 per month for the support and maintenance of plaintiff as hereinafter directed.” The appeal is prosecuted from that part of the decree wherein it is “ordered and decreed that defendant William D. Newell pay to plaintiff on the first day of each and every month, beginning on the 15th day of…