Hughes

The plaintiff commenced an action against her husband to obtain a decree of divorce. The defendant did not appear, and on the twenty-third day of September, 1921, an interlocutory decree was entered against him. On the twenty-fifth day of September, 1922, a final decree was entered. In her complaint the plaintiff pleaded that $150 per month was a reasonable sum to be allowed her for permanent maintenance. In the interlocutory decree the trial court awarded that sum and it may 'be said in passing that the same award was- repeated in the final judgment. On the twenty-first day of September, 1922, the defendant executed an affidavit alleging changes in his business affairs and his inability to pay more than $75 per month, and asked that the allowance be reduced to the amount last mentioned. Thereupon an order to show cause was issued, a hearing was had, and the permanent maintenance awarded in the interlocutory decree was modified as requested by the defendant. From the order modifying the interlocutory decree the plaintiff has appealed under section 953a of the Code of Civil Procedure.

The appellant makes one point and that is that the trial court was without jurisdiction to make…