Brown

Brown v. Superior Court

Good Law
110 Cal. App. 464·1930 Cal. App. LEXIS 42·294 P. 428
Court of Appeal of CaliforniaDecember 16, 1930Docket No. 7765.California969 words

Opinion

Lead Opinion

Sturtevant, J.

This is an original application for a writ of mandate. It involves the following facts: Heretofore Ada Brown commenced an action in divorce against her husband Jolly C. Brown. In her complaint she asked for maintenance. Thereafter the trial court duly made an order for a payment of attorney fees, costs of suit and “$60 per month for support of plaintiff, payable as follows, to-wit: Upon the 11th and 2'7th days of each month commencing December 11, 1929, and to continue until the further order of court.” Thereafter, December 17, 1929, the default of the defendant was entered. On January 6, 1930, the action was tried, and an interlocutory decree of divorce was rendered. That decree contained a passage as follows: “It is further hereby ordered that the order of court made herein on or about the 6th day of December, 1929, wherein the above defendant, Jolly C. Brown, was ordered and directed to pay to plaintiff herein the sum of $60 per month as and for the support and maintenance of plaintiff, to-wit: the sum of $30 upon the 11th day of the month, and a like sum upon the 27th day of each month, continue in full force and effect until the further order of this court.” On the sixth day…

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