Andrews

Upon the filing of the petition for writ of prohibition an alternative writ of prohibition was issued. Respondents made return by general demurrer to the petition and the matter was submitted upon briefs, which have been filed.

On September 26, 1927, during the then pendency of an action for divorce, Edith E. Andrews and Dell Andrews entered into a property settlement which included a provision for payment of $200 per month by Dell Andrews to Edith E. Andrews. On March 1, 1928, said parties resumed full marital relations and continued thereafter to live together as husband and wife until April 20, 192'8, when they again separated. This divorce action was dismissed by plaintiff on June 21, 1928, and upon the same day she commenced a new action for divorce against said Dell Andrews. Process therein was duly served and defendant failed to appear. On July 19,1928, the case was heard as a default matter and the interlocutory judgment was duly entered July 26, 1928. The complaint is in the usual form of a complaint for divorce on the ground of cruelty, and contains no allegation concerning property, earning ability or ether facts as a basis for an award of alimony, other than the…