Sheppard

Action for divorce. In addition to a statement of the grounds upon which the action was based, the complaint alleged that all the property owned by plaintiff was his separate estate, and that there was no estate belonging to the marital -community. By answer defendant denied all these allegations and filed a cross-complaint whereby, upon sufficient facts therein alleged, and without -asking for a decree of divorce, she asked for permanent support and maintenance. Plaintiff answered the cross-complaint denying the allegations contained therein. The issues thus tendered by the answers to the complaint and cross-complaint were all found in favor of defendant; whereupon judgment was rendered against plaintiff and in favor of defendant, awarding her permanent support and maintenance of $50 per month, and giving her a lien upon certain real estate therein described as security for the payment of same, and also awarding her $150 as attorney’s fees.

Plaintiff appeals from this judgment upon a bill of exceptions.

Notice of the entry of the judgment was served upon plaintiff on December 17, 1909, and a copy of the bill of exceptions was served upon respondent on January 18, 1910, and the…