Younger

Younger v. Younger

Caution
112 Cal. App. 445·1931 Cal. App. LEXIS 1140·296 P. 1104
Court of Appeal of CaliforniaMarch 11, 1931Docket No. 7674.California952 words

Opinion

Lead Opinion

Gray, J.

Appeals by the husband in an action of divorce for desertion, from that part of the interlocutory decree awarding the wife the sum of $35 a week as permanent alimony and $100 as attorney’s fees, and also from an order granting her, during the pendency of the first appeal, the sum of $25 a week alimony and additional attorney’s fee for such appeal.

As to the appeal from the order, the bill of exceptions merely sets forth the wife’s affidavit, the order to show cause and the order of the court. The order recites that, on the hearing, testimony both oral and documentary was introduced and considered, but none of such testimony is presented in the bill of exceptions. In the absence of an affirmative showing of an abuse of discretion, the order of the trial court cannot be disturbed. (Webster v. Webster, 43 Cal. App. 772 [ 185 Pac. 863 ]; Duffey v. Duffey, 79 Cal. App. 734 [ 251 Pac. 218 ].) Since the opening brief (the only one on behalf of the appellant) merely recites that he appealed from the order, without any attempt to point out error, the appeal from the order will be regarded as abandoned. (2 Cal. Jur. 727.) Likewise, no error is pointed out with reference to the first…

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