Loudon

Loudon v. Loudon

Good Law
1923 Cal. App. LEXIS 203·63 Cal. App. 204·218 P. 442
Court of Appeal of CaliforniaJuly 25, 1923Civ. No. 4041.California1,048 words

Opinion

Lead Opinion

Craig, J.

A judgment for separate maintenance was rendered in favor of Sarah Hancock Loudon against James Arlington Loudon. It directed him to pay her the sum of $150 per month and enjoined him from transferring any of his property in California. Later Sarah Hancock Loudon moved the court to increase her allowance so as to direct the payment to her of $250 per month.

Subsequent to the entry of the .original judgment James A. Loudon had deeded his real property in California, subject to the restraining provision of the judgment, to Lewis S. Loudon. The latter petitioned to intervene, to contest the motion for increased allowance made by Sarah Hancock Loudon, which petition the superior court refused. It then granted the motion for an increase of the monthly sum required to be paid by James A. Loudon from $150 to $250 per month.

From the order denying him leave to intervene and from the judgment modifying the original judgment for separate maintenance, Lewis S. Loudon filed a notice of appeal, and also an undertaking pursuant to section 942 of the Code of Civil Procedure, to stay execution upon such second judgment, Sarah Hancock Loudon moved the appellate court to dismiss the two appeals…

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