Farrar

Farrar v. Farrar

Good Law
1920 Cal. App. LEXIS 709·45 Cal. App. 584·188 P. 289
Court of Appeal of CaliforniaJanuary 28, 1920Civ. No. 3069.California1,297 words

Opinion

Lead Opinion

Finlayson, J.

This is an appeal by plaintiff from an order made after judgment requiring him to pay defendant the sum of $60 per month as alimony pending plaintiff’s appeal from- an interlocutory decree of divorce, and the further sum of $25 to pay for printing defendant’s brief on that appeal. ,

3 Plaintiff commenced an action for divorce against defendant. Defendant filed an anstvér and cross-complaint. The trial court found against "plaintiff on the issues tendered by his complaint and with defendant on the issues tendered by her cross-complaint, adjudged that she was entitled to a divorce, and, by. its. interlocutory decree of divorce, awarded defendant permanent alimony at the rate of $35 per month. From that judgment plaintiff took an appeal and stayed execution thereof! by giving the necessary undertaking. Thereupon defendant made a motion for temporary alimony pending such appeal, resulting in the order here under review.

[1] . It- is no defense to defendant’s application for temporary alimony and necessary suit money, pending her husband’s appeal, to show that the husband is without means or that his condition and circumstances will not allow of his" making such provision. The action…

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