Dixon

The parties in this proceeding intermarried in October, 1913, and still are 'husband and wife. They separated on or about June 23, 1918, and on August 14, 1919, the'husband commenced an action for divorce, wherein the wife filed an answer and cross-complaint, praying a decree dissolving the bonds of matrimony, and for attorneys’ fees and costs. The cause was tried, and an inter locutory decree of divorce was denied either party, but a minute order was made that the husband pay to the defendant and cross-complainant “alimony $40.00 a month until further order of court.” Such order was never entered in the form of a judgment, but the parties continued living apart, and monthly payments were made as directed to and including December, 1921. Some time after the trial Dixon commenced persuasive methods in an attempt to induce his wife to return to him, as a result of which, upon consideration of his entreaties, she finally consented, and on or about January 13, 1922, she rejoined him. The parties lived together until April 4, 1922, when they again separated, but payments of said allowance were not resumed, though the original order remains upon the minutes of the court.

On June 8,…