Baker

This action is one for divorce. The defendant filed a cross-complaint and the court denied each party a decree. In the judgment it was ordered that the plaintiff pay the defendant two hundred dollars as counsel fees in the action, and the appeal is from this order.

Prior to trial the defendant moved the court for an order under section 137 of the Civil Code that she be allowed her counsel fees. It was then stipulated by the parties that decision upon such motion be made at the time of the trial. In the judgment no finding appears as to the property of either party. The finding and order of the trial court upon this issue is as follows: “Wherefore, it is ordered, adjudged and decreed that plaintiff pay to the defendant the sum of two hundred dollars as and for counsel fees in said action; said sum to be paid in five monthly payments, the first payment to be made during the month of April, 1921.”

Appellant insists that section 137 of the Civil Code does not authorize the allowance of counsel fees to the wife unless it be established and found that without financial as sistance from her husband she would be unable from her own property to defend the action.

It is a familiar rule…