Whiting

This is an appeal from an order requiring the defendant to pay plaintiff alimony, costs, and attorneys’ fees on appeal in an action for divorce. The original action was instituted by the plaintiff to secure a decree of divorce against the defendant on the ground of cruelty. The defendant, in addition to his answer denying the charge of cruelty, filed a cross-complaint against the plaintiff asking for a decree in his favor on the ground of cruelty and desertion. The action was tried and the court denied relief to either party. It also decreed that each party pay its own costs and denied the motion of plaintiff for alimony and attorneys’ fees. The decree was entered in June. 1920, and the defendant appealed therefrom. The judgment in said action (being action No. 4166) was affirmed by opinion this day filed (ante, p. 153 [ 216 Pac. 91 ]). On May 23, 1921, plaintiff moved said superior court for an order requiring defendant to pay plaintiff a reasonable sum as costs and attorneys’ fees on appeal, and for alimony pending the appeal of said action by said defendant. The motion was heard by the court and the defendant ordered to pay plaintiff the sum of $200 costs and $1,000 attorneys’…